214 Pa. 373 | Pa. | 1906
Opinion by
The plaintiff in the action below was a creditor of John E. Jeffords, who was conducting a pottery business in the city of Philadelphia under the name of John E. Jeffords & Company. It was his contention that the indebtedness due him was con
It has always been held, says the court in the case referred to, that under such a state of facts the creditor has a right of action to compel payment in accordance with the terms of the agreement. The facts were controverted on the trial of the case, but the jury having found that such was the agreement in taking over the property of John E. Jeffords & Company, the rule as stated fits the case ; and there was no error in the court refusing the instruction asked in defendant’s third point, which refusal is the subject of the fourth assignment of error. The remaining assignments relate to the admission of testimony and the sufficiency of the evidence. It was essential to a i’ecovery by the plaintiff that the evidence should satisfy the jury, first, that the consideration for the transfer of the property of John E. Jeffords & Company to the appellant, was the assumption by the latter of the debts of the former; and, second, that plaintiff’s claim was the proper debt of John E. Jeffords & Company. Direct evidence in support of the latter fact is to be found in the testimony of plaintiff himself, and it prevailed with the jury. The evidence relied on to establish the former, was indirect and in a large degree circumstantial. No express assumption was shown by agreement, resolution or otherwise; the effort was to establish it by a course of dealing pursued by the new company with respect to the other indebtedness of