Fraley v. . Kelly
Supreme Court of North Carolina
Civil action, tried before Cloud, J!, at Spring Term, 1872, of the Superior Court of Davie. The action was brought on a note for $251.88, due March 12th, 1867, and the defendant relied, for his defence, on a discharge in bankruptcy, granted February 17th, 1870. The plaintiff replied, alleging several promises to pay the debt after the defendant was adjudicated a bankrupt, some made before and some after his discharge.
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Civil action, tried before Cloud, J!, at Spring Term, 1872, of the Superior Court of Davie. The action was brought on a note for $251.88, due March 12th, 1867, and the defendant relied, for his defence, on a discharge in bankruptcy, granted February 17th, 1870. The plaintiff replied, alleging several promises to pay the debt after the defendant was adjudicated a bankrupt, some made before and some after his discharge. The plaintiff offered to introduce evidence of an express promise to pay the note, between the time of the defendant’s adjudication and that of his discharge as a bankrupt. Upon…
1Opinion of the CourtBoyden, J.
In this case there are two questions made upon the ruling of his Honor.
The first, for the rejection of evidence offered ^on the part of plaintiff, that the defendant, after the filing of his petition, and after being adjudicated a bankrupt, but previous to-.his discharge, made an express promise to pay the plaintiff’s debt. This evidence was objected to by the defendant, and was rejected by the Court. This question has been fully discussed in the Court of Exchequer, in the case of Kirkpatrick v. Tattershall, 13 Ex. Rep., 770 (Meeson and Welsby,) and the unanimous opinion of the Court was…
2Cited by10 opinions
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- Knapp v. HoytSupreme Court of Iowa · 1881
- Riggs v. . RobertsSupreme Court of North Carolina · 1881
- Shaw v. . BurneySupreme Court of North Carolina · 1882
- Craig v. SeitzMichigan Supreme Court · 1886
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