Feeny v. Daly

8 Cal. 84 | Cal. | 1857

Terry, J., delivered the opinion of the Court—Burnett, J., concurring.

The debt of an insolvent bankrupt is due in conscience, not-, withstanding his discharge, and is a sufficient consideration to \ support a subsequent express promise to pay.

A verbal promise is sufficient at common law, and there is nothing in our statutes which changes the rule.

Judgment affirmed.