Miller v. Hemler

Supreme Court of Pennsylvania

Miller v. Hemler

5 Watts & Serg. 486

CourtSupreme Court of Pennsylvania

DecidedMay 15, 1843

StatusPublished

Cited by3 cases

This text of 5 Watts & Serg. 486 (Miller v. Hemler) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller v. Hemler, 5 Watts & Serg. 486 (Pa. 1843).

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Opinion

Per Curiam.

This 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.

Judgment of the court below reversed, and judgment given here for the debt, interest and costs.

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Per Curiam.

This 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.

Judgment of the court below reversed, and judgment given here for the debt, interest and costs.

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Bluebook (online)

5 Watts & Serg. 486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-hemler-pa-1843.

Opinion

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