Bailey v. Marshall
Supreme Court of Pennsylvania
Submitted on paper-books, Appeal, No. 188, Jan. T.,.1896, by plaintiff, from judgment of C. P. Chester Co., Aug. T., 1893, No. 25, entering nonsuit. Assumpsit on a verbal promise. Before Waddell, P. J. The facts appear by the opinion of the Supreme Court. The court entered a compulsory nonsuit, which it subsequently refused to take off. Error assigned was in refusing to take off nonsuit. No oral arguments were made for either side.
1Opinion of the Court
Opinion by
Mr. Justice Dean,
Whether the debt in controversy be that of him who has assumed to pay it, or of another, is in most cases a question of fact. There can be no precise legal definition of liability under the act of 26th of April, 1855, P. L. 308, which will determine, in all cases, perhaps in but very few, the answerability of him who promises to pay. The act says: “ No action shall be brought whereby to charge .... the defendant upon any special promise to answer for the debt or default of another unless the agreement ..... shall be in writing.” This is clearly meant to relieve an…
2Cases cited1 opinion
- Nugent v. WolfeSupreme Court of Pennsylvania · 1886
3Cited by18 opinions
- Frohardt Bros. v. DuffSupreme Court of Iowa · 1912
- Crawford v. PyleSupreme Court of Pennsylvania · 1899
- Kirby v. KirbySupreme Court of Pennsylvania · 1915
- Weber & Co. v. BishopSuperior Court of Pennsylvania · 1899
- Pizzi v. NardelloSuperior Court of Pennsylvania · 1903
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