Branch Bank v. Boykin
Supreme Court of Alabama
Error to the Circuit Court of Mobile. The Bank moved for judgment against the defendant, and others, on a note for $10,662 58. The defendant pleaded separately, that he had been discharged as a bankrupt, after the making of the note, and obtained his final certificate, the discharge operating from the 18th February, 1842. The plaintiff replied, that after the filing of the petition, and after the discharge of the said Boykin, he assumed and promised to pay the note.
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Error to the Circuit Court of Mobile. The Bank moved for judgment against the defendant, and others, on a note for $10,662 58. The defendant pleaded separately, that he had been discharged as a bankrupt, after the making of the note, and obtained his final certificate, the discharge operating from the 18th February, 1842. The plaintiff replied, that after the filing of the petition, and after the discharge of the said Boykin, he assumed and promised to pay the note. The defendant rejoined, denying the matter set up in the replication. To maintain the issue, the Bank introduced in evidence two…
1Opinion of the CourtOrmond, J.
The replication, seeks to avoid the effect of the bankrupt’s discharge, by setting up a subsequent promise to pay the debt. We need not inquire whether a promise by the bankrupt to pay the debt, after the petition was filed, but before the final decree and certificate granted, would be sufficient; because, conceding such to be the law, the promise to be binding on the bankrupt, must be either an absolute, unconditional promise to pay, or if depending upon a contingency, or suspended upon a condition, it must be shown that the contingency has happened, or the condition been performed. To this…
2Cited by7 opinions
- Evans v. CareySupreme Court of Alabama · 1856
- Wolffe v. EberleinSupreme Court of Alabama · 1883
- Griel & Bro. v. SolomonSupreme Court of Alabama · 1886
- Long v. RogersSupreme Court of Alabama · 1850
- Craig v. SeitzMichigan Supreme Court · 1886
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