Croman v. Stull

Citations

• 119 Pa. 91
• 21 W.N.C. 82
• 12 A. 812
• 1888 Pa. LEXIS 529

Syllabus

<p>Diehl, the payee of an overdue note by several makers, died, bequeathing all his estate to Mrs. Diehl, who received payments on the note, inventoried it among the assets, but died herself without having collected the note or settled her husband’s estate. Stull, the executor of her will, inventoried the note as of her estate, Breisch, a maker, being one of the appraisers. Referring to the note, Breisch then said to Stull: “ In case they (the other makers) don’t pay it, let me know it, then I will pay it; I don’t want to have any trouble any further.” Stull subsequently took out letters d. b. n. c. t. a. upon the estate of the husband and brought suit upon the note: Held,</p> <p>1. That the plaintiff had such an interest in the note as to be the recipient of a binding promise from the maker.</p> <p>2. That the words of the promise were sufficiently clear, distinct and unequivocal to toll the bar of the statute of limitations.</p>