Hutsell v. Current

Stanley, Commissioner

Reversing.

The principal question is whether a party suing on a new promise to pay an obligation .must prove not only that promise but also an original promise. A secondary question is whether intrinsic circumstances and a claimed discrepancy in testimony was sufficient to authorize the submission of the case to the jury as against positive proof of an acknowledgment and a promise to pay.

Mrs. Nancy Ralls Hútsell sued the administrator of the estate of T. W. Current to recover $13,044.39 upon his acknowledgement and promise to pay a debt, the collection of which had become…