Dennan v. Gould
Massachusetts Supreme Judicial Court
Contract in two counts. The first count was upon a promissory note for $280, dated January 13, 1882, payable to the plaintiff on demand, and signed by the defendant. The second count was for $64, money lent by the plaintiff to the defendant.
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Contract in two counts. The first count was upon a promissory note for $280, dated January 13, 1882, payable to the plaintiff on demand, and signed by the defendant. The second count was for $64, money lent by the plaintiff to the defendant. Writ dated July 5, 1884. The defendant, in his answer, relied upon his discharge in insolvency, proceedings having been begun on May 13, 1882, and the discharge having been granted on December 29, 1882. At the trial in the Superior Court, without a jury, before Knowlton, J., the plaintiff, to show a new promise since May 13, 1882, introduced the following…
1Opinion of the CourtMorton, C. J.
The letter of the defendant expresses his intention of procuring his discharge in insolvency, his regret that *17he has no money to pay the plaintiff, and his intention to pay him in the future; but it does not contain a distinct promise to waive his discharge and to pay the debt. The last sentence is not in the words naturally used to import a promise. It expresses an expectation and intention of paying the plaintiff, but does not clearly show that the defendant intended to waive his discharge, or to create a new obligation. Elwell v. Cumner, 136 Mass. 102. Bigelow v. Norris, ante, 14.
Exceptions…
2Cases cited1 opinion
- Elwell v. CumnerMassachusetts Supreme Judicial Court · 1883
3Cited by1 opinion
- Jacobs v. CarpenterMassachusetts Supreme Judicial Court · 1894