Gray v. Bell
Supreme Court of Pennsylvania
WRIT of error to the district court of Alleghany county. This was an action of assumpsit by James Gray against William Bell, Jun., John Alexander and Thomas Stevenson. The defendants were the assignees of Samuel Stevenson, under a voluntary assignment for the benefit of certain creditors, of whom the plaintiff was one. The defendants had never settled an account.
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WRIT of error to the district court of Alleghany county. This was an action of assumpsit by James Gray against William Bell, Jun., John Alexander and Thomas Stevenson. The defendants were the assignees of Samuel Stevenson, under a voluntary assignment for the benefit of certain creditors, of whom the plaintiff was one. The defendants had never settled an account. The plaintiff in one count in his declaration, claimed the amount due to him under the assignment; and in another, claimed upon an express promise of the defendants to pay the debt individually.. On the subject of the latter claim…
1Opinion of the Court
*411The opinion of the Court was delivered by
Sergeant, J.
—The first of these cases is a suit brought by James Gray against William Bell, John Alexander and Thomas Stevenson, assignees under a voluntary assignment of Samuel Stevenson ; and the material questions are, first, whether the assignees are liable in an action for money had and received before an account has been settled and decree made by the court of common pleas: and second, whether they have rendered themselves personally responsible by their individual promise, as stated in the first count.
1. After voluntary assignments, giving…
2Cases cited2 opinions
- Rush v. GoodSupreme Court of Pennsylvania · 1826
- Wilhelm v. MileySupreme Court of Pennsylvania · 1819
3Cited by5 opinions
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- Heckert's AppealSupreme Court of Pennsylvania · 1855
- Needy v. German American InsuranceSupreme Court of Pennsylvania · 1901
- Fournier v. IngrahamSupreme Court of Pennsylvania · 1844
- Winter v. LudlowUnited States Circuit Court · 1858