David La Tourrette v. Price
Mississippi Supreme Court
IN error from the circuit court of Hinds county; Hon. Richard Barnett, judge. The facts of the case are sufficiently set forth in the opinion of the court.
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IN error from the circuit court of Hinds county; Hon. Richard Barnett, judge. The facts of the case are sufficiently set forth in the opinion of the court. Plaintiff requested the court to instruct the jury as follows, namely: “ That if they believe from the evidence, that C. M. Price, the defendant, made the payment on the note as indorsed in his handwriting, and then, or at any other time within six years before the commencement of this suit, and since the discharge in bankruptcy of C. M. Price, he, Price, recognized the debt and promised to pay it, then the jury will find for the…
1Opinion of the CourtJustice HaNDY
The question upon which this case depends is, whether the promise of the defendant’s intestate was so unqualified as to amount to a new and absolute promise to pay the debt sued for, the same having been previously discharged by his bankruptcy.
The proof of the new promise is, that the witness Davenport called on the intestate, after his discharge as a bankrupt, and demanded payment of the note, and that the intestate “ promised to pay it as soon as he could arrange to do so.” The letters of the intestate are to the same effect; and the testimony of the witness Taylor, which might be taken to…
2Cited by1 opinion
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