Barton v. Benson
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF ERIE COUNTY. No. 464 January Term 1889, Sup. Ct.; court below, No. 118 November Term 1887, C. P. On October 29,1887, Theo. W. Barton brought an action of assumpsit against William Benson to recover the amount of a judgment against the estate of James F. Benson, deceased, wliicli the plaintiff alleged that the defendant had agreed to pay. Issue.
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ERROR TO THE COURT OF COMMON PLEAS OF ERIE COUNTY. No. 464 January Term 1889, Sup. Ct.; court below, No. 118 November Term 1887, C. P. On October 29,1887, Theo. W. Barton brought an action of assumpsit against William Benson to recover the amount of a judgment against the estate of James F. Benson, deceased, wliicli the plaintiff alleged that the defendant had agreed to pay. Issue. At the trial on January 26, 1889, the plaintiff’s evidence was substantially to the following effect: James F. Benson, of Waterford township, Erie Co., Pa., died in March, 1885, leaving a widow and a family of…
1Opinion of the Court
Per Curiam: :
The court below correctly held that the contract declared upon was against public policy, and therefore void. It is true a somewhat similar contract was sustained in Maffet v. Iiams, 103 Pa. 266. In that case, however, it appeared affirmatively that the agreement was known and assented to by the defendant in the execution and all the lien creditors who were or could be affected by it. 11n the case in hand, the defendant was dead and he could not of course assent or dissent. But his heirs stood in his shoes, and there was no evidence that they ever knew of the arrangement. It is…
2Cases cited2 opinions
- Slingluff v. EckelSupreme Court of Pennsylvania · 1855
- Maffet v. IjamsSupreme Court of Pennsylvania · 1883
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