Earnest v. Parke
Supreme Court of Pennsylvania
On a writ of error to the Court of Common Pleas of Philadelphia County, the case was thus: Parke, the defendant in error and defendant below, was indebted to the plaintiff, Earnest, in the sum of forty-nine dollars seven cents, for goods sold and delivered. He afterwards took the benefit of the insolvent law of this commonwealth, and subsequently to his discharge, he made an absolute and unconditional promise to pay the debt.
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On a writ of error to the Court of Common Pleas of Philadelphia County, the case was thus: Parke, the defendant in error and defendant below, was indebted to the plaintiff, Earnest, in the sum of forty-nine dollars seven cents, for goods sold and delivered. He afterwards took the benefit of the insolvent law of this commonwealth, and subsequently to his discharge, he made an absolute and unconditional promise to pay the debt. The plaintiff having brought suit against him, and proved the debt on the trial in the court below, that court was of opinion that the promise was without consideration…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
The defendant, Parke, was indebted to the plaintiff, Earnest, for goods sold and delivered. After the debt was contracted, Parke took the benefit of the law for the relief of insolvent debtors, but subsequent to his discharge, he made an absolute and unconditional promise to pay the debt. The plaintiff sued the defendant, and on the trial proved the promise, and the point is, whether the Court of Common Pleas were correct in ruling, that the promise to pay was without consideration and void, and for this reason entering a judgment for the…
2Cases cited3 opinions
- Shippey v. HendersonNew York Supreme Court · 1817
- Scouton v. EislordNew York Supreme Court · 1810
- Willing v. PetersSupreme Court of Pennsylvania · 1824
3Cited by12 opinions
- Fay v. FaySuperior Court of Pennsylvania · 1905
- Mendenhall v. MendenhallSuperior Court of Pennsylvania · 1900
- Clark v. ClarkSuperior Court of Pennsylvania · 1947
- Bock v. BockSuperior Court of Pennsylvania · 1947
- Anthony v. AnthonySuperior Court of Pennsylvania · 1946
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