Weatherly v. Hardman

Crawford, Justice.

W. A. Weatherly was sued by W. B. J. Hardman, upon a promissory note made by Weatherly & Co. The said firm and each member thereof having been discharged in bankruptcy, the plaintiff relied upon a subsequent promise made by the said W. A. for the recovery of the amount due on the note. The defendant resisted the collection of the debt, but the jury found for the plaintiff, and the defendant moved for a new trial.

There are but two questions made by the record which need be adjudicated to settle the rights of the parties in this case, one of law, the other of fact.

1. It was…