Carman v. Noble
Supreme Court of Pennsylvania
Certificate from tbe Nisi Prius. This was an action by Carman against Noble et al., on tbeir agreement to save plaintiff harmless from debt or damage as surety for Fox, to recover tbe amount of a liability incurred by plaintiff as surety for said Fox, one of tbe defendants, who was assignee of Anguera & Curren, for tbeir creditors.
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Certificate from tbe Nisi Prius. This was an action by Carman against Noble et al., on tbeir agreement to save plaintiff harmless from debt or damage as surety for Fox, to recover tbe amount of a liability incurred by plaintiff as surety for said Fox, one of tbe defendants, who was assignee of Anguera & Curren, for tbeir creditors. In tbe first count tbe consideration averred was, that plaintiff would forbear applying to tbe court to compel Fox to give further security or be removed from office. In tbe second, the consideration laid was, that tbe funds of tbe assigned estate bad been…
1Opinion of the CourtCoulter, J.
The agreement on which the action is founded, stipulated that the defendants below would keep the plaintiff, Car-man, harmless from “debt or damage, in the matter of security *370that the said William Carman entered into for Wm. L. Eox, as assignee,” &c.
One of the errors assigned is, that the agreement is not supported by a sufficient consideration; and it would seem the most convenient in order to notice this first, although it is not the first in the series. This objection proceeds on the ground that the agreement is gratuitous, and all on one side. In the Roman law, a contract merely…
2Cases cited5 opinions
- Hind v. HoldshipSupreme Court of Pennsylvania · 1833
- Leber v. KauffeltSupreme Court of Pennsylvania · 1843
- Lonsdale v. BrownU.S. Circuit Court for the District of Eastern Pennsylvania · 1821
- Greeves v. M'Allister, Pennsylvania Court of Common Pleas, Philadelphia County1809
- Carroll v. NixonSupreme Court of Pennsylvania · 1842
3Cited by8 opinions
- Clark v. StateSupreme Court of Arkansas · 1925
- Commonwealth ex rel. John T. Baldwin & Co. v. YeisleySuperior Court of Pennsylvania · 1898
- First Natl. B. Spring Mills v. WalkerSupreme Court of Pennsylvania · 1927
- McAbee v. CribbsSupreme Court of Pennsylvania · 1899
- State-Planters' Bank & Trust Co. v. First Nat. Bank of VictoriaCourt of Appeals for the Fourth Circuit · 1935
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