Dawson v. Beall
Supreme Court of Georgia
Contracts: Bankruptcy. Verdict. Debtor and Creditor. Before Judge WILLIS. Upson Superior Court. November Term, 1881. An execution issued in May, 1872, against Daniel R. Beall in favor of Davis Dawson, to which an affidavit of illegality was filed, one ground of which was substantially as follows: Defendant borrowed money of the plaintiff prior to the war, mortgaging slaves to secure the debt; defendant lost a large amount of property by the war, and was unable to pay his…
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Contracts: Bankruptcy. Verdict. Debtor and Creditor. Before Judge WILLIS. Upson Superior Court. November Term, 1881. An execution issued in May, 1872, against Daniel R. Beall in favor of Davis Dawson, to which an affidavit of illegality was filed, one ground of which was substantially as follows: Defendant borrowed money of the plaintiff prior to the war, mortgaging slaves to secure the debt; defendant lost a large amount of property by the war, and was unable to pay his debts; in 1867 plaintiff obtained judgment against defendant for the balance of the debt due him, and the following year…
1Opinion of the Court
Jackson, Chief Justice.
The agreement not to make application for, and be discharged from a debt in bankruptcy is a sufficient consideration to support a contract to take a less sum for the debt than what is due thereon. It is a new and valuable consideration for the reduction of the original debt. The agreement not to be adjudicated a bankrupt, and thereby not to wipe out or endanger the whole debt, is certainly a valuable consideration to support a promise to compro*330mise the debt, because it bargains not to extinguish all of it or at least not to imperil it. Code, §2880.
2. The verdict that a…
2Cited by10 opinions
- Melroy v. KemmererSupreme Court of Pennsylvania · 1907
- Engbretson v. SeiberlingSupreme Court of Iowa · 1904
- Martin v. State Ex Rel. Saline CountySupreme Court of Arkansas · 1926
- Schlessinger v. SchlessingerSupreme Court of Colorado · 1907
- Winter v. MeierAppellate Court of Illinois · 1909
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