Justice v. Tallman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of July Term 1877, No. 97. Assumpsit by Ei G. Stones and A. G. Tallman, trading as E. G. Stones & Co., against Philip S. Justice. Stones having died, the case proceeded in the name of Tallman alone. The action was to recover on an alleged promise of the defendant to pay the debt of Philip Wilson.
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Error to the Court of Common Pleas, No. 2, of Philadelphia county: Of July Term 1877, No. 97. Assumpsit by Ei G. Stones and A. G. Tallman, trading as E. G. Stones & Co., against Philip S. Justice. Stones having died, the case proceeded in the name of Tallman alone. The action was to recover on an alleged promise of the defendant to pay the debt of Philip Wilson. It appeared that the latter, in 1867, owed Stones & Co. $1662.33, and was at the same time indebted to Justice in the sum of $23,000. Wilson testified that Stones & Co. pressed their claim for settlement, and he then made a transfer…
1Opinion of the Court
The judgment of the Supreme Court was entered,
2Per curiam
— No question was raised in the court below upon the sufficiency of the evidence to establish the promise relied on to pay the plaintiff out of the funds lodged by his debtor in the hands of the defendant. The jury having found the promise or undertaking of Mr. Justice to Philip Wilson to pay E. Gr. Stones & Co. their debt out of the funds then placed by Wilson in the hands of Justice, the case falls within the class known as the exceptions to the Statute of Frauds, and the promise is not simply to pay the debt of another, hut to hand over funds…
3Cited by10 opinions
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