Legal Opinion

Hind v. Holdship

Supreme Court of Pennsylvania

Decided October 15, 1833PublishedCited by 39 opinions

ALLEGHANY county. Common pleas. This action was by Thomas Hind against Henry Holdship. The declaration charged the defendant with an assumption to pay a debt due by Patterson and.Lambdin to the plaintiff. One count laid the. consideration to be forbearance : another, an assignment by Patterson and Lambdin to the defendant Henry Holdship, for the benefit of their creditors.

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ALLEGHANY county. Common pleas. This action was by Thomas Hind against Henry Holdship. The declaration charged the defendant with an assumption to pay a debt due by Patterson and.Lambdin to the plaintiff. One count laid the. consideration to be forbearance : another, an assignment by Patterson and Lambdin to the defendant Henry Holdship, for the benefit of their creditors. The substance of the proof upon which the plaintiff relied, was, that Patterson and Lambdin, being manufacturers and having many persons employed, failed, and desired to prefer the claims of their Workmen: that, at the time…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

A promise to pay a debt in consideration of an assignment for the benefit of creditors, is a valid promise. The authorities cited are full to the point. A consideration is sufficient, if it arise from any act of the plaintiff, from which the defendant or a stranger derives any benefit, however small, if such act is performed by the plaintiff, with the assent, express or implied, of the defendant ; or by reason of any damage, or any suspension or forbearance of the plaintiff’s right at law or in equity; or any possibility of loss occasioned-…

2Cited by39 opinions

  1. Barker v. BucklinNew York Supreme Court · 1846
  2. Greene County v. Southern Surety Co.Supreme Court of Pennsylvania · 1927
  3. Henry v. Murphy & Co.Supreme Court of Alabama · 1875
  4. McBride v. Western Pennsylvania Paper Co.Supreme Court of Pennsylvania · 1919
  5. Hillcrest Foundation, Inc. v. McFeatersSupreme Court of Pennsylvania · 1938

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