Calloway v. Baldwin
Court of Appeals of Texas
Error from Harrison County.
1Opinion of the Court
Opinion by
Hurt, J.
§ 591. Limitation; verbal promise to pay a barred debt will not defeat the statute of. A verbal promise to pay a debt barred by the statute of limitation will not defeat a plea of the statute of limitation. To have this effect, such a promise must be in writing. [R. S. 3219.]
§ 593. Bankruptcy; verbal promise to pay debt discharged by, is valid. A verbal promise to pay a debt which has been discharged in bankruptcy, made by the bankrupt after his discharge, is a valid promise, and can be enforced. [4 Rawle, 452; 14 Johnson, 178; 12 N. Y. 637; 3 Am. Rep. 135-138; 3 Am. Dec.…
2Cases cited5 opinions
- Herndon v. GivensSupreme Court of Alabama · 1849
- Earnest v. ParkeSupreme Court of Pennsylvania · 1834
- Wofford v. PhilipTexas Supreme Court · 1880
- Belcher v. SmithMassachusetts Supreme Judicial Court · 1851
- David La Tourrette v. PriceMississippi Supreme Court · 1855