NEW PROMISE

A contract made, after the original promise has for some cause been rendered, invalid, by which the promiser agrees to fulfill such original promise. 2. When a debtor has been discharged under the bankrupt laws, the remedy against him is clearly gone, so when an infant has made a contract prejudicial to his interest, he may avoid it; and when by lapse of time a debt is barred by the act of limitations, the debtor may take advantage of the act, but in all these cases there remains a moral obligation, and if the original promiser renews the contract by a new promise, this is a sufficient consideration. 3. Formerly the courts construed the slightest admission of the debtor as evidence of a new promise to pay; but of late years a more reasonable construction is put upon men’s contracts, and the promise must be express, or at least, the acknowledgment of indebtedness must not be inconsistent with a promise to pay.