Higgins v. Mycroft

This action of assumpsit was brought under the common counts to recover on an alleged oral promise made by the defendant for a valuable consideration to pay the plaintiff a certain indebtedness of $2,000. The defendant filed two pleas, the general issue and the statute of frauds, and upon plaintiff’s replication thereto the case was tried before a justice of the superior court, jury trial having been waived, and resulted in a decision for the plaintiff. The case is before us on defendant’s exception to such decision.

It is admitted that between April 27 and June 24, 1949 plaintiff had loaned…