Sherman v. Hobart
Supreme Court of Vermont
Assumpsit. In this case the plaintiff relied upon a new promise to avoid the defendant’s plea in bankruptcy. The case was referred under a rule of court, and the referee found and reported the following facts: That the defendant was duly discharged under the bankrupt law • of the United States, in May, 1843; and that the defendant after said discharge made a conditional promise to the plaintiff, to pay the demand in suit, when he, the defendant, should become of sufficient…
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Assumpsit. In this case the plaintiff relied upon a new promise to avoid the defendant’s plea in bankruptcy. The case was referred under a rule of court, and the referee found and reported the following facts: That the defendant was duly discharged under the bankrupt law • of the United States, in May, 1843; and that the defendant after said discharge made a conditional promise to the plaintiff, to pay the demand in suit, when he, the defendant, should become of sufficient ability to do so. That the defendant was poor at the time of making said promise, and that he was not of sufficient…
1Opinion of the Court
*61The opinion of the court was delivered by
Bennett, J.
The plaintiff in this case relied upon a new promise to avoid a plea of bankruptcy; and the evidence showed a promise to pay when the defendant was of sufficient ability. The referee finds that the defendant was poor at the time he made the promise, and was not of sufficient ability, from that time up to the commencement of the suit. The promise being conditional, it most clearly can be of no avail until thé condition is complied with. His being of sufficient ability to pay is a condition precedent.
We see no objection to any of the decisions…
2Cited by4 opinions
- Griel & Bro. v. SolomonSupreme Court of Alabama · 1886
- Kraus v. TorrySupreme Court of Alabama · 1906
- Tompkins v. HazenAppellate Division of the Supreme Court of the State of New York · 1898
- Tompkins v. HazenAppellate Division of the Supreme Court of the State of New York · 1898