Legal Opinion

Shupe v. Galbraith

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 2 opinions

Error, to the Common Pleas of Westmoreland county. This was an action of assumpsit, originally brought before a justice of the peace, by Peter Shupe against Samuel Galbraith, on a promise by the defendant to pay the amount of a judgment recovered against one John Clifford. On the 17th October 1854, the plaintiff recovered a judgment against John Clifford, before a justice of the peace.

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Error, to the Common Pleas of Westmoreland county. This was an action of assumpsit, originally brought before a justice of the peace, by Peter Shupe against Samuel Galbraith, on a promise by the defendant to pay the amount of a judgment recovered against one John Clifford. On the 17th October 1854, the plaintiff recovered a judgment against John Clifford, before a justice of the peace. O'n the 1st January 1855, the justice, being at Clifford’s furnace, informed his manager that an execution would issue, unless the money was secured. The manager and the justice went to the shop of Samuel…

1Opinion of the Court

The opinion of the court was delivered by

Thompson, J. —

We have not the narr. in this case on our paper-books ; but, from the charge of the court, and the first assignment of error, it appears that it eventually turned upon the question of whether there was a contract for forbearance, and whether that contract was sufficiently proved to entitle the plaintiff to recover. In this aspect of the case, the learned judge of the Common Pleas charged, that, “ if it was an agreement to forbear, it was necessary that the plaintiff should agree to it, and that the agreement be communicated to the…

2Cases cited2 opinions

  1. Johnston & Lyon v. FesslerSupreme Court of Pennsylvania · 1838
  2. Clark v. RusselSupreme Court of Pennsylvania · 1834

3Cited by2 opinions

  1. Turner v. BakerSupreme Court of Arkansas · 1875
  2. Bartholomae & Roesing Brewing & Malting Co. v. MotyckaAppellate Court of Illinois · 1911

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