Snevily v. Read
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. Alexander Read, surviving James Gray, against John Snevily. This was an action of assumpsit in which the following declaration was filed:—• “ John Snevily late of the county aforesaid, yeoman, was summoned to answer Alexander Read, surviving James Gray, deceased, of a plea of trespass on the case, &c.
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ERROR to the common pleas of Dauphin county. Alexander Read, surviving James Gray, against John Snevily. This was an action of assumpsit in which the following declaration was filed:—• “ John Snevily late of the county aforesaid, yeoman, was summoned to answer Alexander Read, surviving James Gray, deceased, of a plea of trespass on the case, &c. Whereupon, the said Alexander, by his attorney, complains—That whereas, on the 15th day of March, A. D. 1830, Alexander Read aforesaid, and James Gray, under the name and firm of Read & Gray, recovered a judgment in the common pleas of the county of…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
A promise made or security given to the plain*401tiff by a defendant who is in custody under a capias ad satisfaciendum, in consideration of his discharging such defendant from custody, is binding; and therefore, if in this case the plaintiff discharged the defendant in consideration of the defendant giving him his check for a portion of the debt, the defendant would be liable in an action to recover the amount of the check. So, if the defendant promised to pay the debt, or a portion of it, in consideration of the discharge. But the position…
2Cases cited4 opinions
- Yates v. Van Rensselaer & SchemerhonNew York Supreme Court · 1810
- Willing v. PetersSupreme Court of Pennsylvania · 1824
- Crary v. TurnerNew York Supreme Court · 1809
- Ransom v. Keyes & LandonNew York Supreme Court · 1828
3Cited by13 opinions
- Montgomery v. LamptonCourt of Appeals of Kentucky · 1861
- Gross, Kelly & Co. v. BiboNew Mexico Supreme Court · 1914
- Green Bay Lumber Co. v. ThomasSupreme Court of Iowa · 1898
- Warren v. WhitneySupreme Judicial Court of Maine · 1845
- Rasmussen v. State Nat. BankSupreme Court of Colorado · 1888
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