Needham v. Matthewson

Citations

• 81 Kan. 340
• 105 P. 436
• 1909 Kan. LEXIS 368

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Bankruptcy — Discharge — Preexisting Debt Extinguished. The effect of a discharge in bankruptcy is to extinguish a preexisting debt and not merely to bar the remedy thereof.</p> <p>2. -New Promise to Pay — Consideration — Promise Not Implied — Part Payment. The moral obligation to pay the former indebtedness is a sufficient consideration for a new promise, but in order to revive a liability upon a claim discharged in bankruptcy there must be an express promise to pay the specific debt. A promise can not be implied from the fact of part payment or other circumstances.</p>