Lanier v. Tolleson

Citations

• 20 S.C. 57
• 1883 S.C. LEXIS 126

Syllabus

<p>1. In action against a discharged bankrupt on a new promise to pay a debt contracted before the bankruptcy, a distinct, positive and unequivocal promise to pay must be shown to have been made by defendant after his discharge in bankruptcy; neither partial payment nor expression of an intention to pay amount to such promise.</p> <p>2. Such a promise is sufficient, although only verbal, and made upon a condition, if the condition is shown to have been performed.</p> <p>3. It is also sufficient, notwithstanding the plaintiffs’ written consent to defendant’s discharge in bankruptcy; for such discharge did not operate as an extinguishment, payment or release of the debt.</p> <p>4. An exception not considered because couched in terms too general.</p> <p>5. After a verdict responsive to the issues raised by the pleadings, the Circuit judge, on motion for new trial, is not bound to pass upon matters which should have been presented by requests to charge but were not; and his refusal to grant a new trial does not involve any ruling upon the grounds so taken in support of the motion.</p>