Kenney v. Brown
Massachusetts Supreme Judicial Court
Contract by the administrator of the estate of Lyman W. Forbes, upon a promissory note in the sum of $1000, dated June I, 1868, payable, with interest, on demand, to the plaintiff’s intestate, and signed by the defendant.
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Contract by the administrator of the estate of Lyman W. Forbes, upon a promissory note in the sum of $1000, dated June I, 1868, payable, with interest, on demand, to the plaintiff’s intestate, and signed by the defendant. Writ dated June 13, 1883. Answer: 1. A general denial. 2. Payment. 3. A discharge in insolvency granted by the judge of insolvency for the county of Suffolk, on March 25, 1881, from debts due on August 30, 1880. Trial in the Superior Court, without a jury, before Rockwell, J. , who allowed a bill of exceptions, in substance as follows : On the note were various indorsements…
1Opinion of the CourtMorton, C. J.
The letters of the defendant to the plaintiff’s intestate set forth in the bill of exceptions are not sufficient evidence of a new contract which deprives the defendant of the benefit of his discharge in insolvency. They refer to his insolvency, express his desire to pay all his debts, and his hope and trust that he will be able to pay the debt of the plaintiff’s intestate in the future, speak of partial payments, and express regret that he is not able to do more ; but they do not contain language which amounts to a clear and unequivocal promise to pay the whole debt, or an undertaking which…
2Cases cited1 opinion
- Elwell v. CumnerMassachusetts Supreme Judicial Court · 1883
3Cited by3 opinions
- Mechanics' & Farmers' Savings Bank v. KatterjohnCourt of Appeals of Kentucky · 1910
- Glidden v. ChamberlinMassachusetts Supreme Judicial Court · 1897
- Jacobs v. CarpenterMassachusetts Supreme Judicial Court · 1894