Ross v. Jordan
Supreme Court of Georgia
Bankruptcy. Promissory notes. Statute of frauds. Contracts. Before Judge Hood. Terrell Superior Court. November Term, 1878. Ross brought assumpsit against Jordan, alleging that the latter had made a promissory note to him which was due and unpaid ; that defendant had, since the giving of such note, been through bankruptcy and been discharged ; but since his discharge, he had made a payment on the note and promised to pay the balance, which he had failed to do.
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Bankruptcy. Promissory notes. Statute of frauds. Contracts. Before Judge Hood. Terrell Superior Court. November Term, 1878. Ross brought assumpsit against Jordan, alleging that the latter had made a promissory note to him which was due and unpaid ; that defendant had, since the giving of such note, been through bankruptcy and been discharged ; but since his discharge, he had made a payment on the note and promised to pay the balance, which he had failed to do. Defendant demurred to the declaration (1) because it showed that the debt was discharged and the new promise to pay was without…
1Opinion of the Court
Jackson, Justice.
1. The single question is, was the court right in sustaining the demurrer ? We think not. We know of no law which requires the promise to pay a debt' from which the bankrupt had been discharged to be in writing. The moral obligation to pay the debt is a sufficient consideration to support the new promise; and such promise being made after the discharge of the defendant in error in bankruptcy, he is bound thereby and ought to pay it. The demurrer admits the truth of the facts set out in the declaration and amendments, and such being the facts, the law gives a right of action…
2Cited by11 opinions
- Merritt v. BagwellSupreme Court of Georgia · 1883
- Anderson v. ClarkSupreme Court of Georgia · 1883
- Moore v. TrounstineSupreme Court of Georgia · 1906
- Lively v. MundaySupreme Court of Georgia · 1946
- Daniels v. BookerCourt of Appeals of Georgia · 1919
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