Presbyterian Board of Foreign Missions v. Smith
Supreme Court of Pennsylvania
Appeal, No. 98, Jan. T., 1904, by defendant, from judgment of C. P. Warren Co., Dec. T., 1902, No. 10, on verdict for plaintiff in case of Board of Foreign Missions of tbe Presbyterian Church in the United States of America v. Sam. Q. Smith, Executor of M. Waters, Deceased. Assumpsit on an obligation in writing. Before Thomas, P. J. The facts are stated in the opinion of the Supreme Court. The court refused binding instructions for defendant.
Read the full summary
Appeal, No. 98, Jan. T., 1904, by defendant, from judgment of C. P. Warren Co., Dec. T., 1902, No. 10, on verdict for plaintiff in case of Board of Foreign Missions of tbe Presbyterian Church in the United States of America v. Sam. Q. Smith, Executor of M. Waters, Deceased. Assumpsit on an obligation in writing. Before Thomas, P. J. The facts are stated in the opinion of the Supreme Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for $2,199.65. Defendant appealed. Error assigned among others was refusal of binding instructions for defendant.
1Opinion of the Court
Opinion by
Mb. Justice Thompson,
The appellant’s contention in this case turned upon the question whether there was a good consideration for the instrument of writing upon which this suit was brought. A test of good consideration is whether the promisee at the instance of the promisor, has done, forborne or undertaken to do anything real, or whether he has suffered any detriment or whether in return for the promise he has done something that he was not bound to do or has promised to do some act or has abstained from doing something.
If any of the elements of such test be established the…
2Cases cited9 opinions
- Keuka College v. . RayNew York Court of Appeals · 1901
- Helfenstein's EstateSupreme Court of Pennsylvania · 1875
- Phipps v. JonesSupreme Court of Pennsylvania · 1853
- Roche v. Roanoke Classical SeminaryIndiana Supreme Court · 1877
- Garrigus v. Home Frontier & Foreign Missionary SocietyIndiana Court of Appeals · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Allen v. St. Louis Public Service CompanySupreme Court of Missouri · 1956
- Eastern States Agricultural & Industrial League v. Estate of VailSupreme Court of Vermont · 1924
- Langer v. Superior Steel Corp.Superior Court of Pennsylvania · 1932
- Roberts v. LindseySupreme Court of Alabama · 1942
- Union Trust Co. v. LongSupreme Court of Pennsylvania · 1932
23 more not listed; retrieve them via the Exa API.