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Westlaw - Document - 10!56!36 Stanek V White 215nw784 Promissory Note
Westlaw - Document - 10!56!36 Stanek V White 215nw784 Promissory Note
784
172 Minn. 390, 215 N.W. 784
(Cite as: 172 Minn. 390, 215 N.W. 784)
Page 1
Page 2
3419
51 Bankruptcy
51X Discharge
51X(E) Effect of Discharge
51k3419 k. Evidence as to Discharge or
Appeal from Municipal Court of Minneapolis; C. L. Reaffirmation. Most Cited Cases
Smith, Judge.
(Formerly 51k3422(1))
No. 26178.
Oct. 14, 1927.
3415.1
Assignments 38
22
38 Assignments
38I Property, Estates, and Rights Assignable
38k21 Rights of Action
38k22 k. In General. Most Cited Cases
51 Bankruptcy
51X Discharge
51X(D) Effect of Discharge
51k3415 Reaffirmation
A discharged debt, as distinguished from a paid debt,
51k3415.1 k. In General. Most Cited Cases is assignable.
(Formerly 51k3415)
Bills and Notes 56
496(2)
Moral obligation to pay debt, represented by note
from which debtor was released in bankruptcy, held
56 Bills and Notes
sufficient consideration for new note.
56XI Actions
56k490 Presumptions and Burden of Proof
[2] Bankruptcy 51
3415.1
56k496 Transfer and Ownership in General
56k496(2) k. Possession. Most Cited Cases
51 Bankruptcy
51X Discharge
Possession of note made prima facie case of
51X(D) Effect of Discharge
ownership.
51k3415 Reaffirmation
51k3415.1 k. In General. Most Cited Cases
Syllabus by the Court
(Formerly 51k3415)
In an action on a promissory note given for a note
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from which debtor had been released by a discharge in Liability rests upon new promise to pay, not upon the
bankruptcy, held:
original note. The discharge took the enforceability from
the original note which still evidenced the moral
That the moral obligation to pay the original debt is a obligation, and the new note revived the legal obligation.
sufficient consideration to support the new promise to
pay.