Kidder v. Kidder
Supreme Court of Pennsylvania
Error, to the Common Pleas of Warren county. This was an action of assumpsit by William W. Kidder against Nelson Kidder and Orris Hall, trading as N. Kidder & Co., on a promissory note for $4§4, dated 3d June 1856, signed N. Kidder & Co., in the handwriting of Nelson Kidder. On the trial, the defendants gave in evidence the following release executed by the plaintiff:— William W. Kidder v. Nelson Kidder and Orris Hall. Common Pleas of Warren County, Pa.
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Error, to the Common Pleas of Warren county. This was an action of assumpsit by William W. Kidder against Nelson Kidder and Orris Hall, trading as N. Kidder & Co., on a promissory note for $4§4, dated 3d June 1856, signed N. Kidder & Co., in the handwriting of Nelson Kidder. On the trial, the defendants gave in evidence the following release executed by the plaintiff:— William W. Kidder v. Nelson Kidder and Orris Hall. Common Pleas of Warren County, Pa. I hereby release Nelson Kidder from all individual liability for the claim upon which the above suit is based; so that if I fail in…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
A release under seal is sometimes called a technical release; although in equity it has no greater effect than a parol release, yet it differs from the latter in one quality materially, it is self-sustaining, t^_seal implying, a consideration. Not so is it with a release not under seal. There a consideration of some sort is necessary to support it: 2 Dan. C. Pr. 766; Whitehall v. Wilson, 3 Penn. R. 405; 1 Barr 445; 7 Barr 100; 1 Rawle. Wentz v. Dehaven, 1 S. &. R. 312, it is thought, sustains a different doctrine. There the release was in…
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- Fidelity-Philadelphia Trust Co. v. Harry Weinmann Building & Loan Ass'nPennylvania Municipal Court, Philadelphia County · 1940
- Mt. Holly Water Co. v. Borough of Mt. Holly SpringsSuperior Court of Pennsylvania · 1899
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