Legal Opinion

Calloway v. Baldwin

Court of Appeals of Texas

Decided November 18, 1882No. 1397, Op. Book No. 3, p. 589Published

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

  1. Herndon v. GivensSupreme Court of Alabama · 1849
  2. Earnest v. ParkeSupreme Court of Pennsylvania · 1834
  3. Wofford v. PhilipTexas Supreme Court · 1880
  4. Belcher v. SmithMassachusetts Supreme Judicial Court · 1851
  5. David La Tourrette v. PriceMississippi Supreme Court · 1855

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