Feeny v. Daly

<p>Appeal from the District Court of the Eleventh Judicial District, County of El Dorado.</p> <p>Peeny sued Daly, in the Court below, on a debt created on the seventeenth of October, 1854, and alleged that the defendant, on the eighth day of May, 1855, was discharged from the operation of this particular debt, under the Insolvent Law; but that after-wards, to wit, upon the--day of June, 1855, the defendant, in consideration of the original indebtedness, promised and agreed to pay plaintiff the amount of his debt. The case was tried before the Court below, sitting as a jury, who found, as facts, “the existence of the indebtedness,” as alleged by plaintiff; the discharge of the defendant therefrom, under the Insolvent Law, and his subsequent “ express verbal promise to pay the debt,” on which finding, judgment was rendered for plaintiff, from which this appeal was had.</p>