Stroh v. Hess
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Lebanon county. This action by George Hess for the use of Levi Hess against William Stroh, was founded upon the following instrument: “ Whereas George Hess and William Stroh have had disputes concerning a claim which George Hess made on William Stroh for having become liable for a debt due to George Hess by Jacob Houk on an account assigned over to said George Hess by John Ley; Now know all men by these presents, that said parties have…
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ERROR to the Common Pleas of Lebanon county. This action by George Hess for the use of Levi Hess against William Stroh, was founded upon the following instrument: “ Whereas George Hess and William Stroh have had disputes concerning a claim which George Hess made on William Stroh for having become liable for a debt due to George Hess by Jacob Houk on an account assigned over to said George Hess by John Ley; Now know all men by these presents, that said parties have compromised and settled the same; and it is hereby agreed, in consideration of the same, that the said William Stroh shall pay to…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The first error assigned is an exception to the opinion of the court, admitting George Hess, the plaintiff on record in the court below, and the obligee in the writing obligatory, on which the action is founded, to testify on behalf of his son Levi Hess, for whose use the action is stated to have been commenced. The defence set up was a want of consideration in giving the writing obligatory; that George Hess, the obligee named therein, had actually received the debt for which it was given, previously from the principal debtor, but concealing…
2Cited by2 opinions
- National Products Co. v. Atlas Financial Corp.Superior Court of Pennsylvania · 1975
- Flynn v. AllenSupreme Court of Pennsylvania · 1868