Giltinan v. Strong
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 203, to July Term 1869. Catharine Strong brought an action of assumpsit in the District Court of Philadelphia, to December Term 1866, against David Giltinan.
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Error to the District Court of Philadelphia: No. 203, to July Term 1869. Catharine Strong brought an action of assumpsit in the District Court of Philadelphia, to December Term 1866, against David Giltinan. The first count of the declaration was, in consideration that the plaintiff at the defendant’s request, would let to George R. Maguire a house for one year, at $1200 per annum, the defendant in writing promised that he would pay the rent if Maguire did not; that the plaintiff rented to Maguire, who did not pay. Second count was, that if the plaintiff would let the house to Maguire, the…
1Opinion of the Court
The opinion of the court was delivered,
by Agnew, J.
— The memorandum signed by David Giltinan for *245the payment of the rent of the house in Strawberry street, related directly to the subject-matter of the action, and was not irrelevant. There being no special objection to its effect that became a matter of instruction of the court to the jury.
Under the evidence, we cannot say the writing was not sufficient to support the action. The first count in the declaration charges a direct promise of the defendant to pay the rent, and there was evidence to go to the jury in support of it. The agent of…
2Cases cited2 opinions
- Carmack v. Commonwealth ex rel. BoggsSupreme Court of Pennsylvania · 1812
- Commonwealth v. EvansSupreme Court of Pennsylvania · 1833
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- Thommen v. Aldine Trust Co.Supreme Court of Pennsylvania · 1930
- McIntyre Square Associates v. EvansSuperior Court of Pennsylvania · 2003
- Kramer v. MorganCourt of Appeals for the Second Circuit · 1936
- Clauss v. AineySupreme Court of Pennsylvania · 1924
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