Legal Opinion

Moore v. Trounstine

Supreme Court of Georgia

Decided July 30, 1906PublishedCited by 19 opinions

Certiorari. Before Judge Rawlings. Bulloch superior court.. November 3, 1905.

1Opinion of the CourtEvans, J.

Two questions are presented by this record: (1) Is a new promise made prior to discharge but after adjudication in. bankruptcy effectual to renew the old debt? (2) Does the letter contained in the record constitute a new promise?

1. It has been very generally held that the new promise may be made any time after adjudication of bankruptcy, before or after discharge. Brandenburg on Bankruptcy, §391; 16 Am. & Eng. Enc. Law (2d ed.), 790, note; 5 Cyc. 409, and cases cited. The discharge of the bankrupt relates back to the adjudication of bankruptcy, and a promise by a bankrupt to pay a debt…

2Cases cited5 opinions

  1. Anderson v. ClarkSupreme Court of Georgia · 1883
  2. Steadman v. LeeSupreme Court of Georgia · 1878
  3. Ross v. JordanSupreme Court of Georgia · 1879
  4. Adams v. DicksonSupreme Court of Georgia · 1884
  5. Boyd v. HandSupreme Court of Georgia · 1880

3Cited by19 opinions

  1. Peppers v. SieffermanCourt of Appeals of Georgia · 1980
  2. Waters v. LanierCourt of Appeals of Georgia · 1967
  3. Nation v. JonesCourt of Appeals of Georgia · 1907
  4. Fairmont Creamery Co. v. CollierCourt of Appeals of Georgia · 1917
  5. Neblett v. ArmstrongTexas Commission of Appeals · 1930

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