Thompson v. Gifford
Supreme Court of Pennsylvania
IN ERROR. Writ of error to --county, in an action brought by William Gifford, the defendant in error, against John Thompson, the plaintiff in error, and removed to the Court of Comnjon Pleas by appeal. The plaintiff filed a statement of his cause of action, and entered a rule of reference.
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IN ERROR. Writ of error to --county, in an action brought by William Gifford, the defendant in error, against John Thompson, the plaintiff in error, and removed to the Court of Comnjon Pleas by appeal. The plaintiff filed a statement of his cause of action, and entered a rule of reference. The statement was as follows: “ The plaintiff in this suit claims of the defendant, John Thompson, the sum of sixty-six dollars twenty-two cents, being the amount of a judgment, debt, interest, and costs, Edward W. Doyle, as-signee of Samuel Nagle, against the said William Gifford and John Thompson,…
1Opinion of the Court
The opinion .of the court was delivered by
Tilghman, C. J.
1. Two errors have been assigned. The first is, “ that by the plaintiff’s own showing, his cause of action was not founded on a verbal promise, booh account, note, bond, penal, *75or single bill,” and therefore it was not a case in which a statement is authorized by law. The cause of action, set forth in the plaintiff’s statement, is, that he paid a sum of money as bail of the defendant, from whence arose an implied assumption of the defendant. In such a case, there certainly is an implied assumption, which falls within the meaning of a…
2Cited by3 opinions
- Church v. FeterowSupreme Court of Pennsylvania · 1830
- Grace v. SuttonSupreme Court of Pennsylvania · 1836
- Woods v. ConnorSupreme Court of Pennsylvania · 1847