Legal Opinion

Sidwell v. Evans

Supreme Court of Pennsylvania

Decided May 15, 1830PublishedCited by 1 opinion

IN ERROR. Writ of error to the District Court for the city and county of •Lancaster. In.the court below Robert and James Evans were plaintiffs, and filed the following statement, which .contains all the facts of the ..case.

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IN ERROR. Writ of error to the District Court for the city and county of •Lancaster. In.the court below Robert and James Evans were plaintiffs, and filed the following statement, which .contains all the facts of the ..case. “ That Joseph Sidwell and Levi Sidwell, (brothers of the said Jesse . Sidwell,) were indebted to Robert and James Evans, assignees of Abner Reynolds and Lewis Reynolds, in .the sum of four thousand one hundred dollars, the payment whereof was secured by a mortgage, and ten joint and several obligations, hearing date the 21st day of January, 1817, being part of the…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, C. J.

The mischief produced by the want of a provision in our act of assembly similar to that in the statute of frauds, by which a parol promise to pay the debt of another is void, has induced the courts to lean against a recovery wherever the precise terms of the promise are not explicitly shown by clear and satisfactory proof; and were this case before us on a motion for á new trial, I would readily agree to send it to another jury. But on a bill of exceptions where we have no' right to judge of the quantum of the proof, our business is not…

2Cases cited12 opinions

  1. Brown v. CampbellSupreme Court of Pennsylvania · 1814
  2. Riddle v. StevensSupreme Court of Pennsylvania · 1816
  3. Dougherty v. SnyderSupreme Court of Pennsylvania · 1826
  4. White v. Kyle's LesseeSupreme Court of Pennsylvania · 1815
  5. Overton v. TraceySupreme Court of Pennsylvania · 1826

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3Cited by1 opinion

  1. Kearney v. SnodgrassOregon Supreme Court · 1885

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