Pyles v. Bell

Citations

• 20 S.C. 365
• 1884 S.C. LEXIS 20

Syllabus

<p>1. Fifteen years after defendant filed his petition in bankruptcy, this action was commenced on a note executed prior to the filing of such petition. Held, that defendant had been guilty of unreasonable delay in obtaining his discharge and, therefore, the action could be prosecuted in the State-courts.</p> <p>2. A sealed note was given in 1858, upon which payments were made in 1859, 1863, 1873 and 1874, and action was commenced in 1883. Held, that the right of action was kept alive by the credits indorsed, and that the note was not presumed to be paid from the lapse of time.</p> <p>3. Semble. Payments made upon a note after the maker’s discharge in bankruptcy would not constitute such new promise to pay as would revive the discharged debt.</p>