Kuns's v. Young
Supreme Court of Pennsylvania
Error to the Common Pleas of Berks county. This was an action of assumpsit by Daniel Young and Nicholas Jones, lately trading as Young & Jones, against Joshua Weida, executor of Abigail Kuns, deceased, on a promise by the defendant’s testatrix to pay a bond of Isaac E. Kemp for $400, dated the 6th April 1860, in consideration of forbearance.
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Error to the Common Pleas of Berks county. This was an action of assumpsit by Daniel Young and Nicholas Jones, lately trading as Young & Jones, against Joshua Weida, executor of Abigail Kuns, deceased, on a promise by the defendant’s testatrix to pay a bond of Isaac E. Kemp for $400, dated the 6th April 1860, in consideration of forbearance. On the 25th March 1850, the plaintiffs sold and conveyed to Isaac E. Kemp, the illegitimate son of the defendant’s testatrix, then a minor, a tract of land in Schuylkill county, containing 103 acres, for the consideration of $1451.18. Of the…
1Opinion of the Court
The opinion of the court was delivered by
Read, J.
This was an action against the executor of Abigail Kuns upon a parol promise of the testatrix, in her lifetime, to pay a debt of her illegitimate child, for the purchase-money of land sold and conveyed to him by the plaintiffs below, in consideration *62of forbearance. There were several counts in the declaration as amended, laying this in different forms. For the balance of the purchase-money, her son, Isaac E. Kemp, had given two bonds, with warrants of attorney, upon which judgments were entered in Schuylkill county — the real debt in each…
2Cases cited1 opinion
- Hesser v. SteinerSupreme Court of Pennsylvania · 1843
3Cited by2 opinions
- Monongahela Street Railway Co. v. Philadelphia Co.Supreme Court of Pennsylvania · 1944
- Krise v. Lycoming Trust Co., Pennsylvania Court of Common Pleas, Lycoming County1928