Hornthall v. . McRae
Supreme Court of North Carolina
Civil'action tried before Watts, J., at Spring Term, 1872, of the Superior Court of Washington. The plaintiffs claimed two thousand dollars, as being due on an account for goods sold and delivered before the 1st of June, 1868. The defendant put iii evidence his discharge in bankruptcy, granted by the United States District Court for the District of Albemarle,' in North Carolina, discharging him from all debts contracted before June 1st, 1868. The plaintiffs then offered to…
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Civil'action tried before Watts, J., at Spring Term, 1872, of the Superior Court of Washington. The plaintiffs claimed two thousand dollars, as being due on an account for goods sold and delivered before the 1st of June, 1868. The defendant put iii evidence his discharge in bankruptcy, granted by the United States District Court for the District of Albemarle,' in North Carolina, discharging him from all debts contracted before June 1st, 1868. The plaintiffs then offered to prove a promise by the defendant to pay the demand, made atter filing his petition in bankruptcy; but the testimony was…
1Opinion of the CourtPearson, C. J.
The question is — a debtor, after being adjudicated a bankrupt, but before the discharge, promises in consideration of the old debt, and in consideration of a new credit for the purchase of goods, to pay the old debt, the discharge which he expected to obtain, to the contrary notwithstanding— can the discharge be set up as a bar to a recovery on this new promise?
The lawr is so clearly expressed by Parke, Baron, in Kirkpatrick v. Tattersall, Meeson & Welsby, (13, Exchequer,) 770, that it is unnecessary to do more than to give a few extracts from tbe opinion. “ There is no plea alleging any…
2Cited by6 opinions
- Griel & Bro. v. SolomonSupreme Court of Alabama · 1886
- Jersey City Insurance v. ArcherNew York Court of Appeals · 1890
- Jacob Kull & Sons v. FarmerSupreme Court of North Carolina · 1878
- Fraley v. . KellySupreme Court of North Carolina · 1878
- Katz v. MoessingerAppellate Court of Illinois · 1880
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