It was said that, after the discharge of the debtor from his bankruptcy, he had uttered a fresh promise to pay the debt. The court considered the proper construction of section 49 of the 1869 Act. Earlier statutes had made express provision making subsequent promises to pay of no avail to the creditor. That section was not in the same terms, but released the debtor from any ‘proceedings in respect of any debt from which he is released’.
Held: Lord Coleridge CJ said: ‘The plaintiffs’ counsel was driven to say that this was not only not an action brought for the old debt, but not a proceeding in respect of the old debt . . It is in vain to say that this is not a proceeding in respect of a debt provable under the liquidation, and which was discharged by the order of discharge.’
Lord Coleridge CJ
(1876) 2 CPD 1
Cited – Law Society of England and Wales and others v Shah and others ChD 30-Nov-2007
Solicitor firms had been made bankrupt leaving a shortfall after thefts from client accounts of over 12 million pounds. The thief had diappeared, and the other partners were now discharged form bankruptcy. The Law Society accepted that it could not . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 May 2022; Ref: scu.262981