¶1These facts present the question, whether the-voluntary partial payment of a judgment, after the judgment has-become barred by the debtor’s discharge in insolvency, has the-effect to revive the balance of the judgment so that the debtor is. bound by it anew.
¶2The statute (R. S., c. Ill, § 1, p. 6,) forbids that any new promise shall have such an effect, unless it be in writing, and! signed by the party to be charged thereby. Certainly, the payment of a part of a debt is not a written promise .to pay the-balance. It might be regarded as some evidence of á promise to pay the debt, but the element of certainty, as required to bé shown by written evidence, is utterly wanting.
¶3 Plaintiff nonsuit.