54 Pa. Super. 125 | Pa. Super. Ct. | 1913
Opinion by
The plaintiffs were holders for value of a promissory note made by the Keystone Engine and Manufacturing Company in the amount of $136.68, which matured on March 7, 1910, and payment was then demanded from the maker. The defendants in this action were respectively the president and treasurer of the Keystone Engine and Manufacturing Company, and were each stockholders and creditors of that corporation, which at the time was well known by all the. parties to this action to be insolvent. The plaintiffs were threatening suit .on ..the
The facts tending to this result were fairly submitted to the jury, though the testimony was very conflicting, the court saying: “If you believe the plaintiffs’ story you will find a verdict in favor of the plaintiffs and against the defendants in the sum of $136.68, if you believe the defendants’ story and necessarily disbelieve the plaintiffs’ story, you will find a verdict for the defendants.”
Whenever the main purpose and object of the promisor is, not to answer for another, but to subserve some pecuniary or. business purpose of his own, involving either a benefit to himself, or damages to the other contracting party, his promise is not within the statute, although it may be in form a provision to pay the debt of another, although the result of it may incidentally have the effect of extinguishing that liability, is the rule laid down in many cases, and has been consistently followed by this court. See Webber & Co. v. Bishop, 12 Pa. Superior Ct. 51; Duncan v. Shaw, 17 Pa. Superior Ct. 225; May v. Walker, 20 Pa. Superior Ct. 581; Pizzi v. Nardello, 23 Pa. Superior Ct. 535; Klein v. Rand, 35 Pa. Superior Ct. 263, in which cases many authorities are cited in support of the rule as above stated. The question as to whether the consideration was profitable or unprofitable to the promisor is not material, as under the facts established
The judgment is affirmed.