Cobb v. Page
Supreme Court of Pennsylvania
Error to the Common Pleas of Wayne county. This was a suit by Henry ~W. Page against John Cobb. It was instituted before a justice of the peace, from whose judgment an appeal was entered. The suit was for an alleged claim of Page, against Cyprian S. Cobb, which he alleged that John Cobb, the defendant, had promised to pay.
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Error to the Common Pleas of Wayne county. This was a suit by Henry ~W. Page against John Cobb. It was instituted before a justice of the peace, from whose judgment an appeal was entered. The suit was for an alleged claim of Page, against Cyprian S. Cobb, which he alleged that John Cobb, the defendant, had promised to pay. The claim was for about $49.18. The suit was commenced on 4th January, 1850. It was testified that John Oobb, in the spring of 1845, had said to the witness, that when he sold certain real property he would pay all the honest debts of his son; that he told the witness to…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, J.
In England, and in most of the states of the union, no promise to pay the debt of another is binding, unless it is reduced to writing and signed; and it is much to be regretted that there are no similar provisions in our statute of frauds. They would save the public the expense of much litigation, and add greatly to the stability of administrative justice. The compensating principle of our law is, that such contracts cannot be sustained unless all their requisites are very clearly proved, and, if there be reasonable doubt as to any one of…
2Cited by8 opinions
- Germantown T. Co. v. Emhardt (No. 1)Supreme Court of Pennsylvania · 1936
- Farren v. McNultySupreme Court of Pennsylvania · 1923
- Schroyer v. ThompsonSupreme Court of Pennsylvania · 1918
- Cowan v. BrowneMontana Supreme Court · 1922
- Hess's EstateSupreme Court of Pennsylvania · 1892
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