Mason v. Hughart

Judge Geaham

delivered the opinion of the Court.

The appellants, partners in trade, held a note on the appellee for $218 18 cents. The appellee became insolvent, and by proper proceedings, upon his petition filed in the United States District Court for this State, was duly declared a bankrupt, and on the 19th October, 1842, obtained a certificate discharging him from all debts, contracts and other engagements. In August, . 1848, this. action of assumpsit was instituted against him by the plaintiffs, in which they aver, that after his discharge, he promised and undertook to pay the debt, “when…