Delany v. Robinson
Supreme Court of Pennsylvania
This case was tried before Mr. Justice Kennedy at a Nisi Prius, held in Philadelphia after December Term last, and now came before the court on a motion for a new trial.
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This case was tried before Mr. Justice Kennedy at a Nisi Prius, held in Philadelphia after December Term last, and now came before the court on a motion for a new trial. It was an action of debt, brought by Mary Delany, who survived Ann Delany, against-Robinson, executor of the will of Thomas Robinson, deceased, upon a bond given by the testator, dated the 27th of November, 1800, in the penal sum of £979, with condition for the payment of £439 Is. 3d., to Mrs. Margaret DelanyThe sum of £100 appeared to have been paid on the 4th of May, 1801. The bond was assigned on the 7th of January, 1831,…
1Opinion of the CourtGibsojv, C. J.
The only error committed in the course of the trial, was the admission of any part of the defendant’s credits. Nothing can be clearer than that there was not colour of consideration for Mrs. Delany’s agreement not to exact the bond, if the property for the price of which it was given, were taken for her late husband’s debt. The promise, being gratuitous as well as executory, could not be enforced; and the defendant cannot legitimately complain of the part exclusion of what was wholly inadmissible,
The inference of payment from lapse o'f time, is a presumption of law, and a subject of legal…
2Cited by8 opinions
- Gregory's Exrs. v. CommonwealthSupreme Court of Pennsylvania · 1888
- Reed v. ReedSupreme Court of Pennsylvania · 1863
- Gilmore v. AlexanderSupreme Court of Pennsylvania · 1920
- Beale's Executors v. Kirk's AdministratorSupreme Court of Pennsylvania · 1877
- Backestoss v. CommonwealthSupreme Court of Pennsylvania · 1839
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