Johnston & Lyon v. Fessler
Supreme Court of Pennsylvania
ERROR to the common pleas of Perry county. This suit originated before a justice of the peace, in the name of Jacob Fessler against John Johnston & Co., and the defendants appealed from the decision of the justice.
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ERROR to the common pleas of Perry county. This suit originated before a justice of the peace, in the name of Jacob Fessler against John Johnston & Co., and the defendants appealed from the decision of the justice. The plaintiff’s declaration set out an indebtedness of Duncan & Mahon to him, and that Johnston & Co., in consideration that the said plaintiff would accept them to be his debtors, and in further consideration of delay given by him, the said plaintiff, unto them the said Johnston & Co., and in the stead and place of the said Duncan & Mahon, would accept and receive them, the said…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The question on which the merits of this case must turn, arises on the third bill of exceptions, and the answer of the court as to the effect of the testimony. The plaintiff declares that, in consideration of delay, and the further consideration that he would accept *50&c. the defendants as his debtors, and would discharge Duncan & Mahon, they assumed to pay the debt. If a creditor, at the request of a third person, forbear to sue his debtor for a certain time, it is a sufficient consideration to support a promise by such persons to pay the…
2Cited by13 opinions
- Spinney v. DowningCalifornia Supreme Court · 1895
- Street v. ChapmanIndiana Supreme Court · 1867
- Morrill v. Tehama Consolidated Mill & Mining Co.Nevada Supreme Court · 1875
- Overman v. KerrSupreme Court of Iowa · 1864
- Farren v. McNultySupreme Court of Pennsylvania · 1923
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