5 Watts & Serg. 486
Decided May 15, 1843
Supreme Court of Pennsylvania · decided 1843-05-15
pnTirvo ) the Common Pleas of Adams county. C tharine i Miller against Joseph E. Hemler, executor of Henry tt rWet ised. This action was founded upon the joint and i ’=poWl note of Peter Hemler, Henry Hemler and Nicholas seyera ^ payment of $150 to the plaintiff.
Cited by 1 later decisions — most recently December 1851
Good law ✅— No negative treatment on recordhow we know
Decided 1843-05-15
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¶1This release being by simple contract and without consideration, is void. It is not pretended that the obligee received value for it, or that the releasee was prejudiced by it; and it is entirely certain that an unsealed contract is as much unwritten as if it were oral. The judgment must, therefore, be for the plaintiff.
¶2Judgment of the court below reversed, and judgment given here for the debt, interest and costs.