Legal Opinion

Hain v. Kalbach

Supreme Court of Pennsylvania

Decided May 24, 1826PublishedCited by 2 opinions

IN ERROR. Error to Berks county. In the court below, it was an action of debt on a bond for two hundred pounds, brought by John Kalbdeh, administrator of John Bell, deceased, against Benjamin Hain and Elizabeth Shaeffer.

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IN ERROR. Error to Berks county. In the court below, it was an action of debt on a bond for two hundred pounds, brought by John Kalbdeh, administrator of John Bell, deceased, against Benjamin Hain and Elizabeth Shaeffer. The defendants pleaded payment, with leave to give the special matter in evidence, and gave notice that on the trial they should prove, that Leonard Shaeffer, the husband of Elizabeth Shaef-fer, died in bad or insolvent circumstances: That after his death, William Bell alleged that he was indebted to him, and requested the defendants to execute a bond to him for the gmount of…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, J.

Had the defendants below offered to prove that they were induced to execute the bond in consequence of the representations of Bell, the plaintiffs’ intestate, that only the interest should be exacted during his life, and that the principal should not be called for after his death, the case would have fallen within the principle decided in Miller and Henderson; but in this particular it was entirely deficient. It is no answer to say, the jury might have believed from the intrinsic evidence of the transaction itself, that Bell’s promise was the…

2Cited by2 opinions

  1. Zentmyer v. MittowerSupreme Court of Pennsylvania · 1847
  2. Zeibert v. GrewSupreme Court of Pennsylvania · 1841

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