Kahn v. Lucchesi
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge (1) Where one is sought to be held liable for the tort or negligence of another, by virtue of a guaranty against such tort or negligence, this promise or guaranty must be in writing and signed by the party to be charged.
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Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge (1) Where one is sought to be held liable for the tort or negligence of another, by virtue of a guaranty against such tort or negligence, this promise or guaranty must be in writing and signed by the party to be charged. Sand. & H. Dig., § 3469, second clause; Browne, Stat. of Frauds, § 155 and cases, 2 Day, (Conn.) 457; 63 N. C. 198; 33 Kas. 580; 12 Ark. 194; 21 Atl. 601; 45 111. App. 155; 49 111. App. 509; 41 N. E. 164; 50 Ind. 130; 60 Conn. 71; ib. 468; 31 N. E. 539. Hence testimony of a verbal agreement of this character was…
1Opinion of the CourtBunn, C. J.
This is a suit by Cmsar Lucchesi against Herman Kahn, W. D. Holtzman, and the estate of Dennis Mc-Gann, for damages in so excavating for and erecting a division wall, and the temporary structures necessary for the work, as to cause the same to fall and injure plaintiff’s goods. Damages laid at $2,000. In the progress of the trial the cause was dismissed as against Ellen McGann, administratrix of the estate of Dennis McGann, and progressed alone as against Herman Kahn and W. D. Holtzman. Verdict for one hundred and fifty dollars for plaintiff, and Kahn alone appealed to this court.
The…
2Cited by3 opinions
- Sewer & Waterworks Improvement District No. 1 v. McClendonSupreme Court of Arkansas · 1933
- St. Louis, Iron Mountain & Southern Railway Co. v. RichardsonSupreme Court of Arkansas · 1908
- Woods v. PearceSupreme Court of Arkansas · 1959