Fraley v. . Kelly

The defendant being indebted to the plaintiff was adjudged a bankrupt, and the plaintiff brings this action for the same debt, and declares on -a new promise. The plaintiff testified that after the adjudication in bankruptcy he presented his note to defendant and he said: “ Your debt and Mose Wagoner’s I will pay if I live.” He also testified that on another occasion defendant said to him: “ Count the interest on the note and add the principal and send it to me at Raleigh, and I will make a draw and send you the money, for the note.” There were some other conversations between them, and it…