Nelson v. Stewart
Supreme Court of Alabama
Appeal from Circuit Court of Balias. Tried before Hon. Milton J. Saeeold. This was a suit by the appellee to recover of appellant, as administrator of Daniel Stewart, the amount of a promissory note, of which the following is a copy: “ $150.00. Dallas County, Ala., May 12th, 1868. On or before the first day of January next, I promise to pay James B. Stewart, or order, one hundred and fifty dollars for value received, in cash, advances, for the purpose of enabling me to take…
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Appeal from Circuit Court of Balias. Tried before Hon. Milton J. Saeeold. This was a suit by the appellee to recover of appellant, as administrator of Daniel Stewart, the amount of a promissory note, of which the following is a copy: “ $150.00. Dallas County, Ala., May 12th, 1868. On or before the first day of January next, I promise to pay James B. Stewart, or order, one hundred and fifty dollars for value received, in cash, advances, for the purpose of enabling me to take the benefit of the bankrupt law; that such advance was obtained bona fide for the purpose of taking the benefit of the…
1Opinion of the CourtBrickell, C. J.
A discharge in bankruptcy operates as a bar to all remedies, legal or equitable, against the bankrupt personally, on debts provable as claims in the bank*116ruptcy proceedings. The discharge does not extinguish the debt; the bankrupt may, by a subsequent promise, revive and renew it, restoring it as a legal demand to the condition in which it was before the discharge was granted.—Evans v. Carey, 29 Ala. 109. There are authorities asserting that a promise made by the bankrupt, pending the bankruptcy proceedings, and before the discharge is granted, will revive the debt, taking it without the…
2Cases cited1 opinion
- Evans v. CareySupreme Court of Alabama · 1856
3Cited by3 opinions
- In re Home Discount Co.District Court, N.D. Alabama · 1906
- Wolffe v. EberleinSupreme Court of Alabama · 1883
- Young & Co. v. HoweSupreme Court of Alabama · 1907