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30 Me. 454

Spooner v. Russell

Supreme Judicial Court of Maine

Decided July 1, 1849

Supreme Judicial Court of Maine · decided 1849-07-01

Assumpsit on a note made to the plaintiff in 1840, payable in one year. The writ is dated in 1846'. The defence set up is, that the defendant is a certificated bankrupt, having obtained his discharge in 1846, upon his petition filed in 1842. The plaintiff proved an unequivocal verbal promise, made by the defendant to the plaintiff in 1845, to pay the note.

Cited by 1 later decisions — most recently April 1914

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1849-07-01

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Shepley, C. J. orally.

¶1— It has been already decided, that a new promise, made by a bankrupt, after filing of his petition in bankruptcy, is binding upon him. It now only remains to give a construction to the statute of 1848, chap. 52. It provides, that “ no action shall be brought and maintained upon a special contract or promise to pay a debt, from which the debtor has been discharged by proceedings under the bankrupt laws of the United States, or the assignment laws of this State, unless such contract or promise be made or contained in some writing, signed by the party chargeable thereby.”

¶2The act relates to the future only. It does not apply to suits which had been commenced prior to its passage.

¶3Judgment for plaintiff.

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