Dennan v. Gould

6 N.E. 222, 141 Mass. 16, 1886 Mass. LEXIS 111

Opinion

Morton, C. J.

The letter of the defendant expresses his intention of procuring his discharge in insolvency, his regret that he has no money to pay the plaintiff, and his intention to pay him in the future; but it does not contain a distinct promise to waive his discharge and to pay the debt. The last sentence is not in the words naturally used to import a promise. It expresses an expectation and intention of paying the plaintiff, but does not clearly show that the defendant intended to waive his discharge, or to create a new obligation. Elwell v. Cumner, 136 Mass. 102. Bigelow v. Norris, ante, 14.

Exceptions overruled.