Needham v. Matthewson
Supreme Court of Kansas
Appeal from Labette district court; Elmer C. Clark, judge. STATEMENT. ON the 9th day of October, 189,7, James Needham recovered a judgment against Angelí Matthewson for $1402. After its rendition Matthewson filed in the United States district court for the district of Kansas his petition in voluntary bankruptcy, and on the 30th day of August, 1899, was discharged from all debts and claims provable against him.
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Appeal from Labette district court; Elmer C. Clark, judge. STATEMENT. ON the 9th day of October, 189,7, James Needham recovered a judgment against Angelí Matthewson for $1402. After its rendition Matthewson filed in the United States district court for the district of Kansas his petition in voluntary bankruptcy, and on the 30th day of August, 1899, was discharged from all debts and claims provable against him. No execution was ever issued on the judgment, and it became dormant in 1903. On December 30, 1907, Needham brought this action against Matthewson to recover the amount of the judgment…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
We have only to determine whether the conclusions of law are correct. It is apparent that the trial court proceeded upon the erroneous theory that the payments constituted an acknowledgment of the debt from which a promise to pay the balance of the debt was implied, and that such implied promise was sufficient to support an action to recover. The court treated the defense as though' it were a plea of the statute of limitations. The defendant, however, relied upon the fact that the judgment was extinguished by his discharge in bankruptcy, and…
2Cases cited8 opinions
- Allen & Co. v. FergusonSupreme Court of the United States · 1874
- Lawrence v. . HarringtonNew York Court of Appeals · 1890
- Edwards v. NelsonMichigan Supreme Court · 1883
- Meech v. LamonIndiana Supreme Court · 1885
- Jacobs v. CarpenterMassachusetts Supreme Judicial Court · 1894
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3Cited by11 opinions
- Commodore v. Armour & Co.Supreme Court of Kansas · 1968
- Wichita City Teachers Credit Union v. RiderSupreme Court of Kansas · 1969
- Robinson v. JacobiaSupreme Court of Kansas · 1924
- Butler Bros. v. TwinehamSupreme Court of Kansas · 1932
- Polk v. StephensSupreme Court of Arkansas · 1915
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