Cummings v. Klapp
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Union county. James A. Cummings against John Klapp. This case came into court by appeal from the judgment of a justice. Cummings, the plaintiff, obtained a judgment before a justice against Henry Charles for $72.21, upon which he issued an execution directed “ to the constable of Mifflinburg,” which was placed in the hand of constable Haus.
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ERROR to the Common Pleas of Union county. James A. Cummings against John Klapp. This case came into court by appeal from the judgment of a justice. Cummings, the plaintiff, obtained a judgment before a justice against Henry Charles for $72.21, upon which he issued an execution directed “ to the constable of Mifflinburg,” which was placed in the hand of constable Haus. While the execution was in his hands, the following endorsement, signed by Klapp, the defendant, was made upon it: “I go bail to the constable for the debt and costs of the within execution, to be paid within three months after…
1Per curiam
It is true that an action on a promise lies in the name of the party beneficially interested in it; but here we discover no interest in the promise, on the part of the plaintiff, who had his remedy against the constable for whose security the promise was made to protect him against that very remedy by paying the money at a given day. The constable, not the plaintiff, gave the indulgence; and it was from the constable, therefore, that the consideration moved- The plaintiff gave the constable no authority to take a security, and cannot make the act his own by adoption ; for the maxim that…
2Cited by2 opinions
- Greene County v. Southern Surety Co.Supreme Court of Pennsylvania · 1927
- Roy v. SanfordTennessee Supreme Court · 1918