Shreiner v. Cummins
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Beaver county: No. 222, to October and November Term 1869. This was an action of covenant, to September Term 1867, brought by Charles H. Shreiner against Samuel P. Cummins for the balance of purchase-money on a tract of land sold by Shreiner to Cummins. The facts which gave rise to the controversy are these:— On the 7th of July 1858 Shreiner conveyed to Cummins two tracts of land in Beaver county.
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Error to the Court of Common Pleas of Beaver county: No. 222, to October and November Term 1869. This was an action of covenant, to September Term 1867, brought by Charles H. Shreiner against Samuel P. Cummins for the balance of purchase-money on a tract of land sold by Shreiner to Cummins. The facts which gave rise to the controversy are these:— On the 7th of July 1858 Shreiner conveyed to Cummins two tracts of land in Beaver county. It appeared that on the same date Cummins conveyed land to Shreiner. At the same time the parties entered into this agreement in writing, but not under seal:—…
1Opinion of the Court
The opinion of the court was delivered, January 31st 1870, by
Agnew, J. —
We do not doubt that in reviving a debt barred by the Statute of Limitations the debtor may impose conditions by which the creditor will be bound. In a promise to pay a debt barred by the Statute the consideration is the moral obligation only, and the assumption wholly voluntary on part of the debtor. He may, therefore, make terms. But is that this case ? The undertaking here was not one of mere revival. It is a part of a new and independent agreement for a different and a valuable consideration— one.not pre-existing, and…
2Cited by3 opinions
- Anthracite Trust Co. v. LoughranSupreme Court of Pennsylvania · 1941
- Huggins v. NeillSuperior Court of Pennsylvania · 1896
- Goodis v. Meneses, Pennsylvania Court of Common Pleas, Delaware County1964