Hook v. Welch
Superior Court of Pennsylvania
Appeal, No. 138, April T., 1917, by defendant, from judgment of O. P. Erie Co., May T., 1914, No. 155, on verdict for plaintiff in case of Statement of Facts — Opinion of the Court. [67 Pa. Superior Ct. W. H. Hook V. F. J. Welch. Assumpsit on a contract of indemnity.
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Appeal, No. 138, April T., 1917, by defendant, from judgment of O. P. Erie Co., May T., 1914, No. 155, on verdict for plaintiff in case of Statement of Facts — Opinion of the Court. [67 Pa. Superior Ct. W. H. Hook V. F. J. Welch. Assumpsit on a contract of indemnity. At the trial it appeared that prior to September 8, 1910, W. H. Hook was in partnership with one George H. Copeland, each having an undivided one-half interest, trading under the name of the Copeland Drug Company. On September 8, 1910, W. H. Hook sold to F. J. Welch his undivided interest in the partnership. Welch by an agreement…
1Opinion of the Court
Opinion by
Williams, J.,
This was an action of assumpsit on a contract of indemnity.
In September, 1910, defendant bought from plaintiff *299an undivided one-half interest in a partnership. The agreement of sale contained, inter alia, the following: “It is understood that the said F. J. Welch assumes the payment of the undivided one-half of the indebtedness of the said Copeland Drug Company consisting of about sixty-five hundred dollars in the form of notes and book accounts,......” The firm subsequently discontinued business.
Plaintiff testified that he had been compelled to pay $299.66 to creditors…
2Cases cited2 opinions
- Perry v. PayneSupreme Court of Pennsylvania · 1907
- Bole v. New Hampshire Fire Ins.Supreme Court of Pennsylvania · 1893
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- Duncan v. Pittsburgh-Florida Fruit Growers Ass'nSupreme Court of Pennsylvania · 1925
- Allegheny College v. Crump, Inc., Pennsylvania Court of Common Pleas, Alleghany County1959
- Commonwealth v. EvansSupreme Court of Pennsylvania · 1931