Cheney v. Barge
Appellate Court of Illinois
Appeal from the Circuit Court of Lee County; the Hon. William Bbown, Judge, presiding. This is an action of assumpsit The declaration consists of the, common counts. The pleas are: 1st. The general issue. 2d. Discharge in bankruptcy. Replications to second plea: 1st. That cause of action accrued subsequent to adjudication of bankruptcy. 2d. That cause of action was not provable in bankruptcy. 3d. That defendant was not discharged in bankruptcy. 4th.
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Appeal from the Circuit Court of Lee County; the Hon. William Bbown, Judge, presiding. This is an action of assumpsit The declaration consists of the, common counts. The pleas are: 1st. The general issue. 2d. Discharge in bankruptcy. Replications to second plea: 1st. That cause of action accrued subsequent to adjudication of bankruptcy. 2d. That cause of action was not provable in bankruptcy. 3d. That defendant was not discharged in bankruptcy. 4th. Hew promise to pay if defendant lived and prospered, and that he did prosper. 5th. Ratification of promise after discharge and similiter to first…
1Opinion of the CourtBaker, J.
In St. John v. Stephenson, 90 Ill. 82, it is held that the promise by which a discharged debt of a bankrupt is revived may be an absolute or a conditional promise, but that it must be clear, distinct and unequivocal. The same rule obtains in the Supreme Court of the United States, and in the courts of last resort in other States. The mere expression of an intention to pay the debt is not sufficient; but no precise form of words is required to make a new promise. An intention is but a purpose formed in the mind; but a promise is an express undertaking or agreement to carry that purpose into…
2Cases cited8 opinions
- Choteau v. JonesIllinois Supreme Court · 1849
- Marshall v. GridleyIllinois Supreme Court · 1867
- Cook v. ShearmanMassachusetts Supreme Judicial Court · 1869
- Wait v. MorrisNew York Supreme Court · 1831
- St. John v. StephensonIllinois Supreme Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Aude v. JonesAppellate Court of Illinois · 1971
- Wheeler v. WheelerAppellate Court of Illinois · 1888