Wiggin v. Hodgdon
Supreme Court of New Hampshire
Assumpsit on a note. Plea, discharge in bankruptcy. At the trial of the cause before a referee, the plaintiff offered to show a promise of the defendant to pay the note made after the filing of his petition in bankruptcy and before his discharge. The referee excluded the evidence.
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Assumpsit on a note. Plea, discharge in bankruptcy. At the trial of the cause before a referee, the plaintiff offered to show a promise of the defendant to pay the note made after the filing of his petition in bankruptcy and before his discharge. The referee excluded the evidence. On several occasions after the date of the discharge conversations passed between the plaintiff and the defendant with respect to the payment of the note, from which the plaintiff claimed a new promise. The referee found that there was no new promise, and judgment was ordered for the defendant on the report, to…
1Opinion of the CourtSmith, J.
On the first occasion, the defendant’s promise was that he would pay the note “ if he could get the money.” This was a conditional promise, .depending upon bis ability to pay. The fact appears that he was poor and unable to get the money. The contingency upon which the promise depended has never happened, and the debt, barred by the discharge, was not revived. Atwood v. Coburn, 4 N. H. 316; Betton v. Cutts, 11 N. H. 170, 174; Dodge v. Leavitt, 59 N. H. 245; Stowell v. Fowler, 59 N. H. 585; Holt v. Gage, 60 N. H. 536; Besford v. Saunders, 2 H. Bl. 116.
On the second occasion, the defendant,…
2Cases cited2 opinions
- Commonwealth v. Certain Intoxicating LiquorsMassachusetts Supreme Judicial Court · 1871
- Corliss v. ShepherdSupreme Judicial Court of Maine · 1848
3Cited by1 opinion
- Robert G. Watkins & Son, Inc. v. CarrigSupreme Court of New Hampshire · 1941