Kean v. McKinsey
Supreme Court of Pennsylvania
Error to a special Court of Common Pleas for Crawford county. Kean having recovered judgment before a justice against Frazier, proved that defendant promised to pay the debt — “ told him to get a judgment against Frazier, but to do no more in it.” Plaintiff informed him he had obtained one; he answered, “that is right, do no more in it, but I will see you paid.” He also proved he might have levied on property of Frazier.
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Error to a special Court of Common Pleas for Crawford county. Kean having recovered judgment before a justice against Frazier, proved that defendant promised to pay the debt — “ told him to get a judgment against Frazier, but to do no more in it.” Plaintiff informed him he had obtained one; he answered, “that is right, do no more in it, but I will see you paid.” He also proved he might have levied on property of Frazier. Defendant proved by Frazier that the debt for which judgment had been obtained was not due, having been paid before that suit was commenced. Plaintiff objected on the score…
1Opinion of the CourtRogers, J.
— There is no valid objection to the competency of James Frazier as a witness, for if the defendants agreed to answer for his default, it was a contract entered into voluntarily and without request. It cannot, therefore, form the ground-work of a suit; for it is well settled, that a voluntary payment or engagement to pay the debt of another, gives no right of action against the original debtor. But the exception to the subject-matter of his testimony stands on a different -footing. The witness was admitted to prove that the judgment rendered against him was obtained by fraud ; that there was…
2Cases cited4 opinions
- Righter v. RittenhouseSupreme Court of Pennsylvania · 1832
- Downing v. FunkSupreme Court of Pennsylvania · 1835
- Tarbox v. HaysSupreme Court of Pennsylvania · 1837
- Clark v. RusselSupreme Court of Pennsylvania · 1834
3Cited by1 opinion
- Thompson v. Hazelwood Savings & Trust Co.Supreme Court of Pennsylvania · 1912