Dock v. Boyd & Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1879, No. 118. Case by Yfilliam S. Boyd and Charles S. Boyd, trading as William S. Boyd & Co., against Luther Dock.
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Error to the Court of Common Pleas, No. 1, of Philadelphia county: Of January Term 1879, No. 118. Case by Yfilliam S. Boyd and Charles S. Boyd, trading as William S. Boyd & Co., against Luther Dock. E. G. Miller, doing business as E. G. Miller & Co., owed the plaintiffs $1428.11, partly on book account and partly on a note for $1000 maturing Hovember 29th 1875. The plaintiffs drew on Miller & Co. for $428.11, the excess of their claim over the note, and the draft came back protested, whereupon the plaintiffs wrote to them, threatening legal proceedings. E. G. Miller & Co. sent the plaintiffs’…
1Opinion of the Court
The judgment of the Supreme Court was entered, January 26th 1880,
2Per curiam
That Dock had means in his hands belonging to Miller was in evidence, but if the contrary had appeared he would have been estopped by his own declarations, upon the faith of which his verbal promise to pay the debt was accepted. Such being the case, it was clearly not within the Statute of Frauds. When the promise is to apply the funds or property of the debtor in the hands of the party, it is not necessary that the creditor should give up his recourse against the debtor upon the original claim. The promise is not a collateral…
3Cited by3 opinions
- Burr v. MazerSuperior Court of Pennsylvania · 1896
- Holmes v. HughesArizona Supreme Court · 1924
- A. M. Karns & Sons v. James McGraw Co., Pennsylvania Court of Common Pleas, Fulton County1921