Howes v. McCrea

Citations

• 21 Pa. Super. 592
• 1902 Pa. Super. LEXIS 415

Syllabus

<p>Debtor and creditor — Payment of debt out of fund placed in the hands of another.</p> <p>Where there is a transfer of a fund to the promisor for the payment of a debt, he is liable on his verbal promise made to the owner of the fund ; or if property charged with the payment of the debt be transferred to him on his promise to the vendor to pay the debt, he is liable.</p> <p>Where a fund is by a debtor placed in-the hands of a third party to be applied to the payment of a debt to a creditor, such creditor, although not present when the arrangement was made, may bring suit against the holder of the fund.</p> <p>Statute of frauds — Promise to pay debt of another — Funds of debtor in hands of promisor.</p> <p>A promise to pay the debt of another is not within the statute of frauds, where the promisor has money or property of the debtor placed in his hands for the purpose of such payment, or where in any other way an agency or trust arises which involves a duty to pay.</p>