{
  "id": 2872377,
  "name": "Charles Dressler, Administrator, Appellant, v. James H. Van Vlissingen, Appellee",
  "name_abbreviation": "Dressler v. Van Vlissingen",
  "decision_date": "1915-10-06",
  "docket_number": "Gen. No. 20,932",
  "first_page": "63",
  "last_page": "64",
  "citations": [
    {
      "type": "official",
      "cite": "195 Ill. App. 63"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "ocr_confidence": 0.525,
    "pagerank": {
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    "simhash": "1:19b3c8b69432b3bc",
    "word_count": 340
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  "last_updated": "2023-07-14T18:42:01.145099+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Charles Dressler, Administrator, Appellant, v. James H. Van Vlissingen, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Scanlan\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Scanlan"
      }
    ],
    "attorneys": [
      "Ossiah Cameron and Fred C. Churchill, for appellant.",
      "Frederick R. De Young, for appellee."
    ],
    "corrections": "",
    "head_matter": "Charles Dressler, Administrator, Appellant, v. James H. Van Vlissingen, Appellee.\nGen. No. 20,932.\n(Not to be reported in full.)\nAppeal from the Superior Court of Cook county; the Hon. Clarence N. Goodwin, Judge, presiding.\nHeard in the Branch Appellate Court at the October term, 1914.\nAffirmed.\nOpinion filed October 6, 1915.\nStatement of the Case.\nAction in assumpsit in the Superior Court of Cook county by Charles Dressier, administrator of the estate of Fredericka Dressier, deceased, against James H. Van Vlissingen to recover on a promissory note executed by the defendant at Chicago, dated December 1, 1903, to the order of Fredericka Dressier, for the sum of $1,000, with interest at six per cent, per annum. It appeared that the defendant had been discharged in bankruptcy, but the plaintiff claimed that he had expressly promised to pay the debt after such discharge, and there was evidence that the defendant had paid $50 on the note.\nThe case was tried by the court without a jury, and the issues were found in favor of the defendant. Judgment was entered upon the finding and this appeal followed.\nOssiah Cameron and Fred C. Churchill, for appellant.\nAbstract of the Decision.\n1. Bankruptcy, \u00a7 81 \u2014what promise is necessary to revive a debt discharged in bankruptcy. A discharge in bankruptcy releases a debt of the bankrupt arising out of a note, and to revive the same the promise of the debtor to pay the note must be clear, distinct and unequivocal, and without such clear and express promise neither pay-ment of interest, part payment of principal, nor declaration of intention to pay will suffice to revive the same.\n2. Bankruptcy, '\u00a7 85 \u2014when proof of new promise to pay debt discharged in bankruptcy is insufficient. Evidence held not to show a clear and unequivocal promise to pay a note discharged in bankruptcy.\nFrederick R. De Young, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0063-01",
  "first_page_order": 89,
  "last_page_order": 90
}