Polk v. Stephens
Supreme Court of Arkansas
Appeal from Clay Circuit Court; W. J. Driver, Judge, 1. A discharge in bankruptcy of one obligor does not discharge the others. Bankruptcy Act 1898, section 16a; 5 Cyc. 401, and note 50. 2. The oral promise to pay the debt after discharge was .sufficient to revive the debt. 27 Ark. 619; 33 Id. 651; lb. 84; 44 Id. 108. Since these decisions our Legislature has enacted section 3655, Kirby’s Digest.
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Appeal from Clay Circuit Court; W. J. Driver, Judge, 1. A discharge in bankruptcy of one obligor does not discharge the others. Bankruptcy Act 1898, section 16a; 5 Cyc. 401, and note 50. 2. The oral promise to pay the debt after discharge was .sufficient to revive the debt. 27 Ark. 619; 33 Id. 651; lb. 84; 44 Id. 108. Since these decisions our Legislature has enacted section 3655, Kirby’s Digest. This is very similar to section 5079. Under these a verbal promise is not sufficient, but a payment after the debt is barred revives the debt. 20 Ark. 293; 10 Id. 108. Nowhere has it been held that a…
1Opinion of the CourtHart, J.
On the 28th day of June, 1914, W. D. Polk and others under the firm name of the Bank of Success instituted this action before a justice of the peace against William Stephens, J. R. Shively and Joe McCracken to recover on a promissory note.
The defendants Shively and McCracken interposed the plea of the statute of limitations; and the defendant Stephens-pleaded his discharge in bankruptcy as a defense to the action. Judgment was rendered in favor of the defendants in the justice of the peace court and an appeal wias taken to the circuit court. There the cause was 'Submitted to the court sitting…
2Cases cited2 opinions
- Needham v. MatthewsonSupreme Court of Kansas · 1909
- Hicks v. Lusk & Co.Supreme Court of Arkansas · 1858
3Cited by3 opinions
- Bank of Searcy v. KrohSupreme Court of Arkansas · 1938
- Johnston v. Ms. Pac. R.R. Co., Thompson, TrusteeSupreme Court of Arkansas · 1942
- Feltner v. HoskinsCourt of Appeals of Kentucky (pre-1976) · 1933