Seltzer v. Brundage

Citations

• 2 Monag. 426
• 17 A. 9
• 1889 Pa. LEXIS 1385

Syllabus

<p>In an action of assumpsit to recover the amount of a promissory note and other alleged indebtedness, the evidence tended to establish the following facts : Plaintiff and defendant had been partners, with another, in the printing business. In 1879, plaintiff filed a bill in equity against the defendant for an account. On May 5, 1880, this equity suit was compromised, and the note in suit given. At the same time, a release was given by the plaintiff to the defendant, releasing the defendant from all claims on account of the partnership, but not to include unpaid accounts, interest in printing office, etc. On Nov. 3, 1880, the partnership between plaintiff and defendant was dissolved. The note in suit was subsequently paid but not surrendered. In this action the plaintiff offered evidence to prove that the defendant agreed to consider the payments on the note appropriated to another debt, and that the indebtedness of the note should stand. The court charged that the jury were to determine whether there was an agreement made between the parties that the note was to stand for another debt than the one for which it was originally given, and, in order to determine that, they should determine whether there was another debt. The jury found for the defendant. On writ of error, the defendant contended that the error, if any, was an immaterial error, as the question involved was whether there was a consideration to support the promise, and it was unimportant whether the note represented its own or another indebtedness, if another indebtedness existed, and this was properly submitted by the court. The judgment was affirmed by the supreme court.</p> <p>The testimony of witnesses, given in evidence, as to the reasons which led to the settlement of the equity suit, was held to be no cause for reversal of the judgment in this case, although it involved declarations, made in the absence of the plaintiff, by the defendant, who had died before this suit was brought.</p> <p>The relea