Taylor v. Gould
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 486, to January Term 1867. This was an action of assumpsit by John II. Gould against David B. Taylor and others, trading as D. B. Taylor & Co. The writ issued September 27th 1865. The declaration contained three counts. 1. That the Farmers’ Bank of Bucks County, on the 23d of January 1858, recovered a judgment against Francis Scoffin and John H. Gould for $1002.64, and that in consideration that Scoffin & Gould had paid to the…
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Error to the District Court of Philadelphia: No. 486, to January Term 1867. This was an action of assumpsit by John II. Gould against David B. Taylor and others, trading as D. B. Taylor & Co. The writ issued September 27th 1865. The declaration contained three counts. 1. That the Farmers’ Bank of Bucks County, on the 23d of January 1858, recovered a judgment against Francis Scoffin and John H. Gould for $1002.64, and that in consideration that Scoffin & Gould had paid to the defendants the full amount of that judgment, the defendants promised to satisfy the judgment within sixty days, which…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
If this suit were founded directly and solely upon the agreement of February 17th 1858, referred to in the 1st and 2d counts of the declaration, it might be that it could not be maintained, brought as it is by John H. Gould alone. That agreement was made with Seoffin & Gould, the promise, so far as there was any, was made to them both, and both of them had a legal interest in its performance. It matters not that each may have had a several interest in the benefit to be derived from it. If their interest in the contract itself was joint, they…
2Cases cited2 opinions
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3Cited by12 opinions
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