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4 Walk. 457

Canfield's Appeal

Supreme Court of Pennsylvania

Decided November 9, 1874

Supreme Court of Pennsylvania · decided 1874-11-09

No. 254, November Term, 1874. Edward Heazelton, being largely indebted to J. B. Canfield, took the benefit of the. bankrupt act, and was discharged on March 9th, 1868. After his discharge, he again commenced business, and Canfield bought a large amount of goods from him, for which Heazelton never demanded payment, but directed his clerk to balance the account without receiving any money, for the purpose of paying the old claim.

Decided 1874-11-09

¶1The Supreme Court affirmed the decree of the Orphans’ Court on November 9th, 1874, in the following opinion:

Per Curiam.

¶2We do not discover sufficient evidence of a promise to take this case out of the general rule, that a debt dscharged by a decree in bankruptcy can only be revived by the express agreement of the party, or such evidence as clearly establishes that such a promise has been made.

¶3Decree affirmed and appeal dismissed at the costs of the appellant.

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