# Kenney v. Brown

> Massachusetts Supreme Judicial Court · May 8, 1885 · 139 Mass. 345

URL: https://www.frixlaw.com/law-library/cases/6421688

## Case

- **Full name:** William E. Kenney, administrator v. Gilbert C. Brown
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** May 8, 1885
- **Citations:** 139 Mass. 345; 1 N.E. 547; 1885 Mass. LEXIS 101
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Morton
- **Judges:** Morton
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6421688

## Opinion text

Morton, C. J.
The letters of the defendant to the plaintiff’s intestate set forth in the bill of exceptions are not sufficient evidence of a new contract which deprives the defendant of the benefit of his discharge in insolvency. They refer to his insolvency, express his desire to pay all his debts, and his hope and trust that he will be able to pay the debt of the plaintiff’s intestate in the future, speak of partial payments, and express regret that he is not able to do more ; but they do not contain language which amounts to a clear and unequivocal promise to pay the whole debt, or an undertaking which is inconsistent with a reliance upon his discharge. The cases of Elwell v. Cumner, 136 Mass. 102 , and Bigelow v. Norris, ante, 12, are decisive of the case at bar. Exceptions overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6421688. Public record. Not legal advice.