Weber & Co. v. Bishop
Superior Court of Pennsylvania
Appeal, No. 120, Oct. T., 1899, by defendant, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1898, No. 473, on verdict for plaintiff. Assumpsit to recover $343.75 with interest, being the amount due by defendant to plaintiff for work and labor done in dyeing certain hosiery for defendant. There was evidence tending to show that plaintiff received the goods in question on storage and kept them until William J. Bishop, defendant, sent for them.
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Appeal, No. 120, Oct. T., 1899, by defendant, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1898, No. 473, on verdict for plaintiff. Assumpsit to recover $343.75 with interest, being the amount due by defendant to plaintiff for work and labor done in dyeing certain hosiery for defendant. There was evidence tending to show that plaintiff received the goods in question on storage and kept them until William J. Bishop, defendant, sent for them. That the goods had formerly been the property of John Bishop, and had been purchased after sheriff’s sale by William J. Bishop. There was evidence…
1Opinion of the Court
Opinion by
William W. Pobter, J.,
The plaintiff’s claim is based upon an unwritten promise by fee defendant to pay the debt due by the defendant’s brother. In order to escape the effect of the statute of frauds, the plaintiff invokes the rule of law, namely, that whenever the main purpose of the promisor is not to answer for the debt of another, but to subserve some purpose of his own, his promise is not within the statute, and this, although the performance of it may incidentally have the effect of extinguishing the liability of another: Arnold v. Stedman, 45 Pa. 186; Elkin v. Timlin, 151 Pa.…
2Cases cited5 opinions
- Nugent v. WolfeSupreme Court of Pennsylvania · 1886
- Bailey v. MarshallSupreme Court of Pennsylvania · 1896
- Crawford v. PyleSupreme Court of Pennsylvania · 1899
- Elkin v. TimlinSupreme Court of Pennsylvania · 1892
- Arnold v. StedmanSupreme Court of Pennsylvania · 1863
3Cited by7 opinions
- Goodling v. SimonSuperior Court of Pennsylvania · 1913
- Pizzi v. NardelloSuperior Court of Pennsylvania · 1903
- Baxter v. HurlburtSuperior Court of Pennsylvania · 1901
- Duncan v. ShawSuperior Court of Pennsylvania · 1901
- O'hara's EstateSuperior Court of Pennsylvania · 1935
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