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new promise

Defined in 4 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916), Black's (1910)

Definitions from Case Law

From 26 U.S. 351 - Montgomery Bell v. James Morrison Anthony Butler and Jonathan Taylor · 1828Most cited · 264 citing opinions

An acknowledgment which will revive the original cause of action, must be unqualified and unconditional. It must show, positively, that the debt is due, in whole or in part. If it be connected with circumstances, which in any manner affect the claim, or if it be conditional, it may amount to a new assumpsit, for which the old debt is a sufficient consideration; or, if it be construed to revive the original debt, that revival is conditional, and the performance of the condition, or a readiness to perform it, must be shown.

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

A contract made after the original promise has, for some cause, been rendered invalid, by which the promiser agrees to fulfill such original promise. Britain A. D. 1752, the 3d of September of that year being reckoned as the 14th.

Ballentine's Law Dictionary

James A. Ballentine · 1916

A promise made after a cause of action is barred by limitation, to revive it, or before it is barred, to keep it alive. See 73 Iowa, 448, 5 Am. St. Rep. 693, 35 N. W. 516.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

An undertaking or promise, based upon and having relation to a former promise which, for some reason, can no longer be enforced, whereby the promisor recognizes and revives such former promise and engages to fulfill it.

Defined under Promise in Black's Law Dictionary.