 | Vermont. Supreme Court - 1865 - 828 halaman
...express promise, except in cases where there had once existed a legal obligation, as in case of a debt barred by the statute of limitations or by a discharge in bankruptcy. This is so said in some reported cases, but no case is cited in which the question involved and decided... | |
 | John William Smith - 1888 - 846 halaman
...obligation, although fully and completely discharged by operation of law, as in the case of a debt barred by the statute of limitations, or by a discharge in bankruptcy, is yet a .sufficient consideration for a new promise to pay, for in both these cases there was originally... | |
 | Theophilus Parsons - 1893 - 928 halaman
...Ellingwood, 32 Me. will support a promise to pay it made after maturity, so a promise to pay a debt barred by the statute of limitations or by a discharge in bankruptcy. And so a promise to pay a bill or note though the holder has not exercised duo diligence. These eases and... | |
 | Abraham Clark Freeman - 1894 - 1032 halaman
...case of Comstock v. Smith, 7 Johns. 89. All of the authorities admit that where an action to recover a debt is barred by the statute of limitations, or by a discharge in bankruptcy, a subsequent promise to pay the same can be supported by the moral obligation to pay the same, although... | |
 | John Butler Johnson - 1895 - 440 halaman
...consideration is an agreement to waive a statutory right of defense. Thus "a promise to pay a debt barred by the statute of limitations, or by a discharge in bankruptcy, though made without consideration is enforceable, and a promise by an endorser of a bill or note to... | |
 | John Butler Johnson - 1895 - 444 halaman
...consideration is an agreement to waive a statutory right of defense. Thus ''a promise to pay a debt barred by the statute of limitations, or by a discharge in bankruptcy, though made without consideration is enforceable, and a promise by an endorser of a bill or note to... | |
 | William Cox Cochran - 1892 - 370 halaman
...to give new life to a right of action once barred; ey, by acknowledging or promising to pay a debt barred by the statute of limitations, or by a discharge in bankruptcy. (2) To restore to its original force a judgment, which bas become dormant owing to lapse of time, change... | |
 | New York (State). Courts - 1899 - 980 halaman
...a prior legal or equitable claim, which it does not. Such is true though of a promise to pay a debt barred by the statute of limitations or by a discharge in bankruptcy, which all of the cases hold to be binding. The actual decisions most worthy of attention (not feeling... | |
 | Edgar Benton Kinkead - 1905 - 496 halaman
...is claimed in support of such a rule that all the authorities admit that where an action to recover a debt is barred by the statute of limitations, or by a discharge in- bankruptcy, a subsequent promise to pay the same can be supported by the moral obligation to pay, although the... | |
 | Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1910 - 846 halaman
...Speaking upon this question the court said: "All of the authorities admit that where an action to recover a debt is barred by the statute of limitations, or by a discharge in bankruptcy, a subsequent promise to pay the same can be supported by the moral obligation to pay the same, although... | |
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... circumstances and performance of the promise will satisfy an actual or supposed or asserted duty of the promisee to the beneficiary, or a right of the beneficiary against the promisee which has been barred by the Statute of Limitations or by a discharge... 
