Nugent v. Wolfe
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term, 1885, No. 193. Assumpsit b}^ James Nugent against Frank Wolfe, brought 5th of October, 1882, upon a parol promise by Wolfe to Nu-gent, that if he, Nugent, would go security for stay of execution for another, he, the said Wolfe, would indemnify and save him harmless from any loss or liability, and from paying anything by reason of his so going security.
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Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term, 1885, No. 193. Assumpsit b}^ James Nugent against Frank Wolfe, brought 5th of October, 1882, upon a parol promise by Wolfe to Nu-gent, that if he, Nugent, would go security for stay of execution for another, he, the said Wolfe, would indemnify and save him harmless from any loss or liability, and from paying anything by reason of his so going security. On the trial before Biddle, J., the- following facts appeared: On the 22d of January, 1876, the Second National Bank of Ravena, Ohio, obtained a judgment…
1Opinion of the CourtJustice Sterrett
If the verbal agreement, which plaintiff offered to prove, is within the supplement of 1855 to the Statute of Frauds and Perjuries, there was no error in rejecting’ the testimony, nor in entering judgment of non-suit. The supplement declares: “ No action shall be brought whereby.....to charge the defendant upon any special promise to answer for the debt or default of another, unless the agreement upon which such action shall be brought or some memorandum or note thereof shall be in writing and signed by the party to be charged therewith, or some other person bv him authorized " : P. L., 308.
Pl…
2Cases cited2 opinions
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