Terminello v. Bleecker

Motion made under rules 106 and 107 of the Rules of Civil Practice to dismiss complaint on the ground that the complaint sets forth an agreement void under subdivisions 1 and 2 of section 31 of the Personal Property Law, commonly known as the Statute of Frauds.

The complaint alleges that prior to July 1, 1933, one Theodore Arnold, defendant’s brother, was indebted to plaintiff, which indebtedness was evidenced by his promissory note, payable on July 1, 1933; that on said last named day Arnold informed plaintiff of his inability to pay said note, whereupon plaintiff demanded that he, Arnold,…