Lambert v. Schmalz
California Supreme Court
APPEAL from a judgment of tbe Superior Court of tbe City and County of San Francisco and from an order denying a new trial. John Hunt, Judge. Tbe facts are stated in tbe opinion. A new promise to pay a discharged debt must be express, clear, distinct, unconditional, and unequivocal. (Meech v-Lamon, 103 Ind. 513, 515; 53 Am. Rep. 540; Allen v. Ferguson, 18 Wall. 1; Bennett v. Everett, 3 R. I. 152; 67 Am.
Read the full summary
APPEAL from a judgment of tbe Superior Court of tbe City and County of San Francisco and from an order denying a new trial. John Hunt, Judge. Tbe facts are stated in tbe opinion. A new promise to pay a discharged debt must be express, clear, distinct, unconditional, and unequivocal. (Meech v-Lamon, 103 Ind. 513, 515; 53 Am. Rep. 540; Allen v. Ferguson, 18 Wall. 1; Bennett v. Everett, 3 R. I. 152; 67 Am. Dec. 498; Apperson v. Stewart, 27 Ark. 619; Tolle v. Smith, 98 Ky. 464; Elwell v. Cumner, 136 Mass. 102; Biglow v. Norris, 141 Mass 14; Dennan v. Gould, 141 Mass. 16; La Tourrett v. Price, 28…
1Opinion of the Court
BELCHER, C.
On December 13, 1893, the defendant, for a valuable consideration, executed to the plaintiff his promissory-note for the sum of seven hundred and fifty dollars, payable ninety days after date, with interest at the rate of two per cent per month from date until paid. On June 12, 1894, the defendant was discharged in insolvency “from all his then existing debts, and among others the said indebtedness on said promissory note above mentioned.” In the months of January and February, 1894, defendant paid on the note the interest due in those months, in April following he made a payment…
2Cases cited2 opinions
- McCormick v. BrownCalifornia Supreme Court · 1868
- Chabot v. TuckerCalifornia Supreme Court · 1870
3Cited by16 opinions
- Wilson v. WilsonCalifornia Supreme Court · 1960
- Rodgers v. ByersCalifornia Supreme Court · 1900
- San Diego Municipal Credit Union v. SmithCalifornia Court of Appeal · 1986
- Brownfield v. McFaddenCalifornia Court of Appeal · 1937
- General Credit Corp. v. PichelCalifornia Court of Appeal · 1975
11 more not listed; retrieve them via the Exa API.