Ogden v. Redd
Court of Appeals of Kentucky
Case 68 — PETITION ORDINARY APPEAL PROM TRIGG? CIRCUIT COURT. 1. The moral obligation of a bankrupt to pay a debt, notwithstanding his discharge, is a sufficient consideration for a new promise to pay a debt created before the filing of his petition in bankruptcy. (Graham v. Hunt, 8 B. Mon. 7; Egbert v. McMichael, 9 B. Mon. 44.) 2.»A conditional promise to pay “when convenient” is sufficient and enforceable.
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Case 68 — PETITION ORDINARY APPEAL PROM TRIGG? CIRCUIT COURT. 1. The moral obligation of a bankrupt to pay a debt, notwithstanding his discharge, is a sufficient consideration for a new promise to pay a debt created before the filing of his petition in bankruptcy. (Graham v. Hunt, 8 B. Mon. 7; Egbert v. McMichael, 9 B. Mon. 44.) 2.»A conditional promise to pay “when convenient” is sufficient and enforceable. (Mason, &c. v. Hughart, 9 B. Mon. 480; Kingston v. Wharton, 2 Serg. & Rawle, 208.) 1. This action is upon the original note from which appellee had been discharged in bankruptcy. It…
1Opinion of the Court
JUDGE COFER
delivered the opinion oe the court.
The court being sufficiently advised, delivered' the following, opinion herein:
The appellee on the 1st of January, 1866, executed to the female appellant his note for ¡fgpO, payable 25th of December of that year. August 31, 1868, he filed his petition in bankruptcy, and August 7, 1871, received his discharge. November 14, 1870, he wrote to the appellant that he would pay the note as soon as convenient, or as soon as he could spare the amount from his business. This suit was on the note, and the new promise contained in the letter was attempted to…
2Cited by6 opinions
- Pool v. First Nat. Bank of PrincetonCourt of Appeals of Kentucky (pre-1976) · 1941
- Gilmore v. GreenCourt of Appeals of Kentucky · 1879
- Whayne Supply Co. v. GregoryCourt of Appeals of Kentucky (pre-1976) · 1956
- Meyer v. Zotel's Adm'rCourt of Appeals of Kentucky · 1895
- Posey v. Mayer's Admr.Court of Appeals of Kentucky · 1882
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