Sundling v. Willey
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county; Hon. Joseph W. Jones, Judge. Action by Emma Sundling against W. E. Willey, implead-ed with another. From a judgment for plaintiff, defendant appeals. Personal notice of the application for the bankrupt’s discharge is not essential to the binding force of the discharge.
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Appeal from circuit court, Minnehaha county; Hon. Joseph W. Jones, Judge. Action by Emma Sundling against W. E. Willey, implead-ed with another. From a judgment for plaintiff, defendant appeals. Personal notice of the application for the bankrupt’s discharge is not essential to the binding force of the discharge. Hanover National Bank v. Moyses, 186 U. S. 181; Bray v. Cobb, 100 Fed. 270; Flder v. Mannheim, 81 N. W. 2. The promise by which a discharged debt is revived must be clear, distinct and unequivocal. Allen v. Furguson, 18 Wall. 1; Murphy v. Crawford, 114 Pa. St. 496; Lawrence v.…
1Opinion of the CourtCokson, P. J.
This was an action by the plaintiff to recover of the defendants the amount claimed to be due upon a promissory note executed by the defendants on December 12, 1895, in which they promised to pay the plaintiff the sum of $700 one year after date, with interest at 8 per cent, per annum. There were two payments indorsed upon the note of $100 each —one July 13, 1898, and the other September 28, 1898. Defendant Willey, in his answer, admitted the allegations of the plaintiff, and alleged as a defense his discharge in bankruptcy. The plaintiff, in her reply, admitted the defendant’s discharge in…
2Cases cited13 opinions
- Sluby v. ChamplinNew York Supreme Court · 1809
- Norton v. ShepardSupreme Court of Connecticut · 1880
- Grigsby v. Western Union Tel. Co.South Dakota Supreme Court · 1894
- Knapp v. HoytSupreme Court of Iowa · 1881
- Yankton Fire Ins. v. Fremont, E. & M. V. R.South Dakota Supreme Court · 1895
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3Cited by10 opinions
- Share v. CoatsSouth Dakota Supreme Court · 1912
- Deeter v. BurkIndiana Court of Appeals · 1914
- Elder v. Woodruff Hardware & Manufacturing Co.Court of Appeals of Georgia · 1915
- Saxton v. PerrySupreme Court of Colorado · 1910
- Oregon Short Line Railroad v. Mountain States Telephone & Telegraph Co.Idaho Supreme Court · 1925
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