HUTSELL v. CURRENT


226 S.W.2d 539 (1950)

312 Ky. 90

HUTSELL v. CURRENT.

Court of Appeals of Kentucky.

January 27, 1950.


Attorney(s) appearing for the Case

R. W. Keenon, Lexington, Stoll, Keenon & Park, Lexington, for appellant.

Raymond Connell, Paris, for appellee.


STANLEY, Commissioner.

The principal question is whether a party suing on a new promise to pay an obligation must prove not only that promise but also an original promise. A secondary question is whether intrinsic circumstances and a claimed discrepancy in testimony was sufficient to authorize the submission of the case to the jury as against positive proof of an acknowledgement and a promise to pay.

Mrs. Nancy Ralls Hutsell sued the administrator of the estate...

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