Stebbins v. County of Crawford
Supreme Court of Pennsylvania
.Error to the Court of Common Pleas of Crawford county: Of October and November Term 1878, No. 324. This ease is stated in the following opinion of the court below, Church, P. J.: “ This was an action of assumpsit, brought by the County of Crawford against Benjamin F. Stebbins, a former treasurer of the county, to recover a balance of $1717.76 of public moneys remaining in his hands at the end of the year 1874. The action is founded upon an alleged express promise to pay the…
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.Error to the Court of Common Pleas of Crawford county: Of October and November Term 1878, No. 324. This ease is stated in the following opinion of the court below, Church, P. J.: “ This was an action of assumpsit, brought by the County of Crawford against Benjamin F. Stebbins, a former treasurer of the county, to recover a balance of $1717.76 of public moneys remaining in his hands at the end of the year 1874. The action is founded upon an alleged express promise to pay the same, after a discovery had been made by the county officials and the treasurer, in January 1878, that the county…
1Opinion of the CourtJustice Gordon
To the well-written and carefully considered opinion of the learned judge of the court below, we can add but little, except the approval of this court. That a moral obligation is sufficient to support an assumption to pay a debt, which cannot be collected by reason of the intervention of some positive law, as the Statute of Limitations, the operation of a judgment, or a discharge in bankruptcy, is a doctrine now so well established, that a discussion of it would be mere waste of logic. In Anspach v. Brown, 7 Warts 140, it is admitted that there is an obligation in morals, to pay a debt barred…
2Cited by15 opinions
- Stelmack v. Glen Alden Coal Co.Supreme Court of Pennsylvania · 1940
- Zeigler's PetitionSupreme Court of Pennsylvania · 1903
- Bailey v. PhiladelphiaSupreme Court of Pennsylvania · 1895
- Volkwein v. Volkwein, Exr.Superior Court of Pennsylvania · 1941
- McAtee v. ShadeCourt of Appeals for the Eighth Circuit · 1910
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