Hartley v. Sandford

The opinion of the court was delivered by

Dixon, J.

The material facts in this case, as disclosed by the record, are that the defendant’s son was indebted to M., who desired additional security; that thereupon the defendant applied to the plaintiff to become surety for the son, and promised him, that if he was compelled to pay the debt, he (the defendant) would reimburse him; that accordingly the plaintiff became surety for the son, and subsequently was obliged to pay the debt. This suit was brought upon the promise, which was oral only.

It appears that at the trial in the Passaic Circuit the…