Hesser v. Steiner
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Berks county. J. & J. P. Steiner against Abraham Hesser. This was an action of assumpsit founded upon the promise of the defendant to pay the debts of his son, James B. Hesser. The plaintiffs gave in evidence the negotiable note of James B. Hesser to the plaintiffs for $122.55, payable at the Exchange Bank of Pittsburgh in June 1839, and then called a witness who testified as follows:—“ In May 1839, Abraham Hesser came to Philadelphia.
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ERROR to the Common Pleas of Berks county. J. & J. P. Steiner against Abraham Hesser. This was an action of assumpsit founded upon the promise of the defendant to pay the debts of his son, James B. Hesser. The plaintiffs gave in evidence the negotiable note of James B. Hesser to the plaintiffs for $122.55, payable at the Exchange Bank of Pittsburgh in June 1839, and then called a witness who testified as follows:—“ In May 1839, Abraham Hesser came to Philadelphia. I had written him a letter to come down. His son was in Philadelphia a few days before. Abraham Hesser met Dorney and myself at…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
Although we are not without a strong impression that it never entered into the mind of the defendant to make himself personally liable for the debts of his son, and that the agreement only extended to a promise that he would attend to the settlement of his affairs and pay the amount collected over to his creditors, yet we perceive nothing in the record which will justify the court in reversing the judgment. If the case came before us on a motion for a new trial, the result might be different, as we are of opinion, that to make a. man…
2Cited by2 opinions
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