Feeny v. Daly
California Supreme Court Jul 1, 1857Published
Before: Burnett, Terry
Synopsis
Where an insolvent, after his discharge, expressly promises his creditor to pay his debt, it can be enforced, the debt being a sufficient consideration to support the subsequent promise.
A verbal promise is sufficient, as our statute has not changed the common law rule.
Terry, J., delivered the opinion of the Court—Burnett, J., concurring. The debt of an insolvent bankrupt is due in conscience, not-, withstanding his discharge, and is a sufficient consideration to \\ support a subsequent express promise to pay.
A verbal promise is sufficient at common law, and there is nothing in our statutes which changes the rule.
Judgment affirmed.
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