Murphy v. Crawford ex rel. Jones
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 1, of Allegheny County: Of October Term 1886, No. 58. This was a scire facias to revive a judgment obtained in March, 1877, by Harris Crawford against Murphy & Hamilton, then co-partners — carpenters' and builders, which judgment had been paid, at the expiration of the stay of execution, by E. P. Jones, who took an assignment of the judgment. Pleas, non assumpsit, payment with leave.
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Error to the Court of Common Pleas No. 1, of Allegheny County: Of October Term 1886, No. 58. This was a scire facias to revive a judgment obtained in March, 1877, by Harris Crawford against Murphy & Hamilton, then co-partners — carpenters' and builders, which judgment had been paid, at the expiration of the stay of execution, by E. P. Jones, who took an assignment of the judgment. Pleas, non assumpsit, payment with leave. The defence was, that the defendants were discharged as bankrupts on the 9th day of July, 1880, and'that the debt, if any existed, was barred by the discharge. The plaintiff…
1Opinion of the CourtJustice Clark
In a suit brought to recover a claim which had been barred by a discharge in bankruptcy, the following distinct principles may certainly be considered as settled by the decision of the court: — first, the effect of the certificate in bankruptcy is to extinguish the debt, not merely to bar the remedy for its recovery; Second, the prior legal1 obligation is a sufficient con*498sideration for a new promise to pay it; third, the promise to be effective must be clear, distinct, and unequivocal without qualification or condition; and fourth, in an action upon such claim, the declaration must be upon…
2Cases cited2 opinions
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- First National Bank v. Jermyn, Pennsylvania Court of Common Pleas, Lackawanna County1948
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