Miller v. Hemler
Supreme Court of Pennsylvania
pnTirvo ) the Common Pleas of Adams county. C tharine i Miller against Joseph E. Hemler, executor of Henry tt rWet ised. This action was founded upon the joint and i ’=poWl note of Peter Hemler, Henry Hemler and Nicholas seyera ^ payment of $150 to the plaintiff.
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pnTirvo ) the Common Pleas of Adams county. C tharine i Miller against Joseph E. Hemler, executor of Henry tt rWet ised. This action was founded upon the joint and i ’=poWl note of Peter Hemler, Henry Hemler and Nicholas seyera ^ payment of $150 to the plaintiff. The defendant gave^n evident ® the following release: «I do hereby release and quit claim of Nicholas Ginter on a note given by Peter Hemler and Henry Hemler and said Nicholas Ginter, for $150, as I consider said Peter and Henry Hemler quite sufficient security for the amount; as witness my hand June 22d 1840- - her “Catharine X…
1Per curiam
This release being by simple contract and without consideration, is void. It is not pretended that the obligee received value for it, or that the releasee was prejudiced by it; and it is entirely certain that an unsealed contract is as much unwritten as if it were oral. The judgment must, therefore, be for the plaintiff.
Judgment of the court below reversed, and judgment given here for the debt, interest and costs.
2Cited by3 opinions
- Chicago Pneumatic Tool Co. v. ZieglerCourt of Appeals for the Third Circuit · 1945
- Weller v. WeyandSupreme Court of Pennsylvania · 1853
- Nellis v. McSweeney, Pennsylvania Court of Common Pleas, Erie County1924