Pennsylvania County Court Reports, Containing Cases Decided in the Courts of the Several Counties of the Commonwealth of Pennsylvania (Volume 17) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896. Excerpt: ... First Congregational Church of Kane v. C. V. Gillis. created by the corporation, through its duly authorized agent, the building committee. It was in no sense the debt of John T. Griffith, because the case-stated concedes that he and his associates had power to purchase the lot, build the church and render the corporation liable for the payment of debts incurred in so doing. It is not pretended that any new obligation was incurred by the plaintiff on the strength of the second subscription signed by Griffith. The plain fact is that on April 4, 1890, the plaintiff corporation found itself indebted in the sum of $4,600, and it was to pay this sum that the second subscription was made. In effect John T. Griffith agreed to give $500 of his own money to assist in the payment of the then and pre-existing debt of another, i. e., the plaintiff corporation. The plaintiff's counsel contends that the estate of John T. Griffith is liable for the payment of the amount of this second subscription. On the other hand, the defendant's counsel contends that this was a mere naked promise to pay the debt of another, that no benefit accrued to the promisor, and no injury to the promisee, and therefore the promise is void for want of consideration. The learned counsel for the plaintiff cites Caul v. Gibson, 3 Barr, 416; Chambers v. Calhoun, 18 Pa. 13; Phipps v. Jones, 20 Pa. 260; Ryerss v. Trustees of the Presbyterian Congregation of Blossburg, 33 Pa. 114; Edinboro' Academy v. Robinson, 37 Pa. 210; Shober's Administrators v. The Lancaster County Park Association, 68 Pa. 429, and Hart's Est., 7 W. N. C. 162. In the latter case Ashman, J., in the orphans' court of Philadelphia, held in substance that assumpsit will lie upon a promise to pay a certain sum towards the liquidation ...