Farmers & Mechanics v. Flint
Supreme Court of Vermont
Assumpsit upon a promissory note, for $38.99, dated February 5, 1842, and made payable to the plaintiffs, or order, on demand, with interest annually. The declaration contained also a count for goods, &c., sold and delivered.
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Assumpsit upon a promissory note, for $38.99, dated February 5, 1842, and made payable to the plaintiffs, or order, on demand, with interest annually. The declaration contained also a count for goods, &c., sold and delivered. The defendant pleaded, in bar of the action, his discharge in bankruptcy, duly obtained in the district court of the United States, on the 11th day of January, 1843, under the Act’of Congress of August 19, 1841. The plaintiff replied that the defendant, after he had obtained his discharge in bankruptcy, as set forth in his plea, promised to pay to the plaintiffs the…
1Opinion of the Court
The opinion of the court was delivered by
Hebard, J.
The first point made by the defendant is, that there was no consideration for the new promise. This depends upon the condition, in which the discharge in bankruptcy leaves the original debt. It has been argued here that the debt was left unencumbered by any equitable or moral obligation on the part of the bankrupt to pay it. And if that be so, there would be no consideration for the promise. In the case of Hall, exparte, 38 E. C. L. 426, the court held that a note, given for the amount of a former debt, which had been released by deed, was…
2Cited by9 opinions
- White's Admrx. v. Central Vermont Railway Co.Supreme Court of Vermont · 1914
- Bush v. StanleyIllinois Supreme Court · 1887
- In re Estate of FussellSupreme Court of Iowa · 1905
- Carver v. AdamsSupreme Court of Vermont · 1866
- Robinson v. LarabeeSupreme Court of Vermont · 1886
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