California Supreme Court, 1857

Feeny v. Daly

Feeny v. Daly
California Supreme Court · Decided July 1, 1857 · Burnett, Terry
8 Cal. 84; 1857 Cal. LEXIS 299
Feeny v. Daly

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

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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