H. D. Dougherty & Co. v. Bash
Supreme Court of Pennsylvania
Appeal, No. 141, July T., 1894, by plaintiff, from judgment of C. P. No. 2, Phila. Co., March T., 1891, No. 218, refusing to strike off nonsuit. Assumpsit to recover damages for the breach of a parol agreement to discount promissory notes.
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Appeal, No. 141, July T., 1894, by plaintiff, from judgment of C. P. No. 2, Phila. Co., March T., 1891, No. 218, refusing to strike off nonsuit. Assumpsit to recover damages for the breach of a parol agreement to discount promissory notes. Before Penny-packer, J. Plaintiffs in their statement of claim averred as follows: “ Prior to October 10, 1891, plaintiffs were engaged in selling bedding and bedding material to Charles Weinmann & Co., the principal partner wherein was one Charles Weinmann, who was a son-in-law of defendant. On said date H. D. Dougherty, one of plaintiffs, acting herein…
1Opinion of the Court
Opinion by
Mb,. Justice Gbeen,
We think it very clear that in whatever way the plaintiffs’ claim may be regarded, it is founded upon a verbal assumption *432to pay a debt of other parties, without any beneficial consideration moving to the promisor, in which he had no personal interest, and as to which the original promisors continued to be liable. According to the plaintiffs’ statement of their cause of action, and according to their testimony on the trial, they were to continue to sell goods to the original debtors, they were to get from them all the cash they could and for the balance due upon…
2Cases cited6 opinions
- Nugent v. WolfeSupreme Court of Pennsylvania · 1886
- Jones v. ShawhanSupreme Court of Pennsylvania · 1842
- Townsend v. LongSupreme Court of Pennsylvania · 1875
- Arnold v. StedmanSupreme Court of Pennsylvania · 1863
- Malone's AppealSupreme Court of Pennsylvania · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Newhall v. ArnettSupreme Court of Pennsylvania · 1924
- Burr v. MazerSuperior Court of Pennsylvania · 1896
- Farmers' National Bank v. MarshallSuperior Court of Pennsylvania · 1899
- Bixler & Correll v. LeshSuperior Court of Pennsylvania · 1898
- Rancil v. KrohneSuperior Court of Pennsylvania · 1906
2 more not listed; retrieve them via the Exa API.