Jersey City Insurance v. Archer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order ■made March 16, 1887, which affirmed a judgment in favor of •plaintiff entered upon a decision of the court on trial at Circuit ■without a jury. This was an action upon a promissory note.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order ■made March 16, 1887, which affirmed a judgment in favor of •plaintiff entered upon a decision of the court on trial at Circuit ■without a jury. This was an action upon a promissory note. On February 1, 1877, the defendant was indebted to Cornelia B. Paulmier in the sum of $867.50 for rent, and on that day they entered into a written contract, by which she agreed to extend the time of payment for eighteen months, provided the debt was secured by the defendant’s note, due in…
1Opinion of the Court
Follett, Ch. J.
A promissory note given by a debtor after he has been adjudicated a bankrupt and before he is discharged for a debt which existed prior to the date of the filing of his petition is not released by his discharge in bankruptcy. (Stillwell v. Coope, 4 Den. 225; Knapp v. Hoyt, 57 Iowa,, 591; Lerow v. Wilmarth, 1 Allen, 463; Allen v. Ferguson, 18 Wall. 1; Hornthal v. McRae, 67 N. C. 21; Fraley v. Kelly, Id. 78; Kirkpatrick v. Tattersall, 13 M. & W. 766; Brix v. Braham, 1 Bing. 281.)
Chapter 324 of the Laws of 1882 provides that an oral promise to pay a debt which has been discharged…
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