Greer v. Shriver
Supreme Court of Pennsylvania
Error, to the District Court of Allegheny county. This was an action of assumpsit, commenced April 2d 1864, by Samuel P. Shriver and John S. Dilworth, partners as Shriver & Dilworth, against Wesley Greer, in which the following case was stated:— “ On the 3d and 11th of December 1860 and 15th of January 1861, respectively, the defendant purchased certain merchandise from plaintiffs, amounting in all to the sum of $1486.86. As additional security for the payment of these…
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Error, to the District Court of Allegheny county. This was an action of assumpsit, commenced April 2d 1864, by Samuel P. Shriver and John S. Dilworth, partners as Shriver & Dilworth, against Wesley Greer, in which the following case was stated:— “ On the 3d and 11th of December 1860 and 15th of January 1861, respectively, the defendant purchased certain merchandise from plaintiffs, amounting in all to the sum of $1486.86. As additional security for the payment of these goods, the defendant gave three promissory notes to the plaintiffs, falling due, respectively, March 18th 1861, April 7th…
1Opinion of the Court
The opinion of the court was delivered, by
Read, J.
The plaintiff agreed to take 50 per cent, of the debt due to him by the defendant, if all the other creditors would do *261the same, and signed an article to that effect, which was stipulated to be signed by all the other creditors of the defendant. In point of fact all the creditors did not sign the article ; and several refused to do so, and were paid in full. The plaintiff was paid the 50 per cent.; but, as the conditions of compromise were not complied with, commenced this suit for the balance of the debt. The right to recover is so clear that…
2Cited by1 opinion
- E. R. Artman & Co. v. TrubySupreme Court of Pennsylvania · 1890