Legal Opinion

Corliss v. Shepherd

Supreme Judicial Court of Maine

Decided June 15, 1848PublishedCited by 3 opinions

Exceptions to the Eastern District Court, Hedington J. presiding. A copy of the exceptions follows: — “ The writ may be referred to. Plea the general issue, with a brief statement setting forth the bankruptcy of defendant and his discharge by the District Court of the United States, &c. “ There was evidence tending to show a new promise since the bankruptcy.

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Exceptions to the Eastern District Court, Hedington J. presiding. A copy of the exceptions follows: — “ The writ may be referred to. Plea the general issue, with a brief statement setting forth the bankruptcy of defendant and his discharge by the District Court of the United States, &c. “ There was evidence tending to show a new promise since the bankruptcy. Whereupon the Court instructed the jury, that it was necessary to show a new promise since the discharge of the defendant in bankruptcy; and that no prior promise would be effectual. To this ruling the plaintiff excepted.” that the…

1Opinion of the Court

The opinion of the Court, Shepley, Tenney and Wells Justices, was drawn up by

Wells J.

— This case comes before us, by exceptions to the ruling of the Judge of the District Court. The question arising in this case is, whether the action can be maintained against the defendant, upon a new promise, made by him after he was decreed to be a bankrupt, but before his discharge. If the promise had been made, after the discharge, the action is maintainable, the defendant being bound in equity and conscience to pay the debt. This obligation is a sufficient consideration for the new promise. Besford v.…

2Cited by3 opinions

  1. Tiernan v. WoodruffU.S. Circuit Court for the District of Michigan · 1852
  2. Wiggin v. HodgdonSupreme Court of New Hampshire · 1884
  3. In re EkingsDistrict Court, D. New Jersey · 1881

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