Pennsylvania County Court Reports Volume 42

Pennsylvania County Court Reports Volume 42

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ... the mortgaged premises which he had purchased at sheriff's sale to the defendant in the action, who was the mortgagor, a new trial was refused and judgment entered on the verdict, and it was affirmed by the Supreme Court. Regarding the promise in the case at bar, the defendant does not question but that it was made as testified by Mr. Dawson and Mr. Collier, but insists that it was without consideration, which contention, however, under the authority of Tonkin v. Baum, supra, we think is without merit. In the last-named case the ony consideration appearing was that the promise was made at the time of the delivery and acceptance of the mortgage, likewise in the case at bar. In view of which we think the presumption warranted that said promise was part of the consideration moving the vendor to act, and his action in the matter was proper and legal consideration for such promise. By reason of the death of Mr. Carothers the plaintiff was not permitted to testify to anything that happened or conversations with or statements made by Mr. Carothers before his death. The evidence of Mr. Dawson and Mr. Collier, as noted above, is in no wise questioned, and in view of the verdict we feel that all parties are bound by it as being true, and if it be true we have no doubt that if Mr. Carothers were living he would testify, "I promised Mr. Coffman that I would pay as provided in the mortgage, and I also promised him that if he needed the money at any time before it was due under the terms of the mortgage I would pay him," and under the testimony and the facts as established by the verdict we feel justified in holding as a matter of fact that Mr. Carothers did make such promise, which, in our judgment, clearly brings Ooffman v....show more

Product details

  • Paperback | 328 pages
  • 189 x 246 x 18mm | 585g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236921380
  • 9781236921383