Riddle v. Etting
Supreme Court of Pennsylvania
Error to the Common Pleas of Delaware county. This was an attachment-execution at the suit of E. J. Etting & Brother against Hannum & Price, which was served on Samuel Riddle, as garnishee. About the 10th June 1857, Hannum & Price, the defendants, undertook to build a steam-boiler for Samuel Riddle, the garnishee.
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Error to the Common Pleas of Delaware county. This was an attachment-execution at the suit of E. J. Etting & Brother against Hannum & Price, which was served on Samuel Riddle, as garnishee. About the 10th June 1857, Hannum & Price, the defendants, undertook to build a steam-boiler for Samuel Riddle, the garnishee. The iron was furnished by Joseph S. Paul & Co. On the 1st September 1857, Hannum & Price dissolved partnership; and on the 2d October, the following notice thereof was published:— “ The partnership heretofore existing between the subscribers, in the foundry business, in the borough…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J. —
This judgment cannot be sustained. When the attachment was served upon Riddle, the garnishee, he was in no sense the debtor of Hannum & Price. He had paid his debt, and been discharged, before the attachment was laid. It matters not, that payment was not made in money. He had assumed an obligation to the agent of Paul & Co. at the instance of Price, who had been one of the firm of Hannum & Price, and the assumption had been accepted as payment. How then could Hannum & Price, after that, recover from him the price of the boiler ? And if they…
2Cited by2 opinions
- Austin-Nichols & Co. v. Union Trust Co.Supreme Court of Pennsylvania · 1927
- Mengel v. Connecticut Fire InsuranceSuperior Court of Pennsylvania · 1897