Baxter v. Hurlburt
Superior Court of Pennsylvania
Appeal, No. 77, Oct. T., 1900, by defendant, from order of O. P. Potter Co., Dec. T., 1888, No. 237, sustaining exceptions to referee’s report in case of Alfred Baxter v. Henry Hurlburt. Assumpsit on a promise to pay a promissory note of a third person. The case was referred to Hon. A. G. Olmstead, as referee, under the special act of assembly for Tioga and Potter counties. The facts found by the referee are sufficiently stated in the opinion of the Superior Court.
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Appeal, No. 77, Oct. T., 1900, by defendant, from order of O. P. Potter Co., Dec. T., 1888, No. 237, sustaining exceptions to referee’s report in case of Alfred Baxter v. Henry Hurlburt. Assumpsit on a promise to pay a promissory note of a third person. The case was referred to Hon. A. G. Olmstead, as referee, under the special act of assembly for Tioga and Potter counties. The facts found by the referee are sufficiently stated in the opinion of the Superior Court. The referee found that the promise of Hurlburt to pay Baxter the debt of Fone was a verbal promise to pay the debt of another,…
1Opinion of the Court
Opinion by
William W. Pouter, J.,
On part of a certain lot of ground was a sawmill. This was sold bjr the sheriff as the personal property of one Fone, and bought in by Hurlburt, who went into possession. Title to the whole lot seems to have vested in Fox and Ross, who sold to Yan DeBoe, who agreed to sell to Baxter, who went into possession and made some payments to Yan DeBoe on account of the purchase. Hurlburt feared that Baxter intended to lease the ground upon which was the sawmill, to Fone (who had been sold out) from whom Baxter desired to collect a note for some $200. Hurlburt agreed to…
2Cases cited1 opinion
- Weber & Co. v. BishopSuperior Court of Pennsylvania · 1899
3Cited by4 opinions
- Pizzi v. NardelloSuperior Court of Pennsylvania · 1903
- Duncan v. ShawSuperior Court of Pennsylvania · 1901
- May v. WalkerSuperior Court of Pennsylvania · 1902
- Heiser v. Fisher, Pennsylvania Court of Common Pleas, Snyder County1930