ELVERSON NAT'L. BANK v. O'DONNELL

No. 14.

43 Pa. D. & C. 2d 665 (1967)

The Elverson National Bank v. O'Donnell

Common Pleas Court of Chester County, Pennsylvania.

December 21, 1967.


Attorney(s) appearing for the Case

Roger Benden, for plaintiff.

Gerald Mandlowitz, for defendants.


RILEY, J., December 21, 1967.

Defendant has filed preliminary objections to plaintiff's complaint in assumpsit, by way of demurrer averring plaintiff has shown no cause of action against defendant, William J. C. O'Donnell. In the argument, it is contended that the Act of April 26, 1855, P. L. 308, sec. 1, 33 PS §3, requires a written promise by defendant, whereas it is contended that the complaint only avers an oral promise to pay the debt of another, and therefore...

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