Hobough v. Murphy
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Armstrong county: Of October Term 1886, No. 2. This was an action of assumpsit brought by J. H. Truby, who afterward made an assignment to Jacob Hobougb for the benefit of his creditors, against James Murphy, upon an alleged promise to pay the amount of his note discharged by a discharge in bankruptcy. Pleas, non assumpsit. Non assumpsit infra sex annos.
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Error to the Court of Common Pleas of Armstrong county: Of October Term 1886, No. 2. This was an action of assumpsit brought by J. H. Truby, who afterward made an assignment to Jacob Hobougb for the benefit of his creditors, against James Murphy, upon an alleged promise to pay the amount of his note discharged by a discharge in bankruptcy. Pleas, non assumpsit. Non assumpsit infra sex annos. The facts as they appeared on the trial before Neale, P. J., sufficiently appear in the opinion of the Supreme Court. After the plaintiff had closed his case the defendant moved for a compulsory nonsuit…
1Opinion of the CourtJustice Clark
Although the effect of a discharge in bankruptcy is to extinguish a pre-existing debt, not merely to bar the remedy upon it, yet the moral obligation of the debtor is a sufficient consideration to support an express promise to pay it. This is the doctrine of all the cases, and it is unnecessary to cite authorities in support of it.
In the very recent case of Bolton v. King, 9 Out., 78, we said that there could not arise a promise by implication, as the mere acknowledgment of a debt could create no liability, if in point of fact no debt existed; and further, that the promise upon such a…
2Cited by7 opinions
- Messmore's EstateSupreme Court of Pennsylvania · 1927
- Kravitz v. PovlotskySupreme Court of Pennsylvania · 1938
- McDermott v. SulkinSuperior Court of Pennsylvania · 1943
- Pearsall v. TabourSupreme Court of Minnesota · 1906
- Gretz Trust, Pennsylvania Court of Common Pleas, Philadelphia County1975
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