Chase v. Day
New York Supreme Court
IN ERROR, on certiorari to a Justice’s Court. Day brought an action of assumpsit against Chase, in the court below, for newspapers sold and delivered to the defendant below, who pleaded noil assumpsit. It was proved, that on the 1st ol January, 1816, Chase called at the printing oiiice ot Day, and inquired “ the terms on which the plaintiff’would let the nephew of the defendant have newspapers to sell and distribute, &c. as a news carrier.”
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IN ERROR, on certiorari to a Justice’s Court. Day brought an action of assumpsit against Chase, in the court below, for newspapers sold and delivered to the defendant below, who pleaded noil assumpsit. It was proved, that on the 1st ol January, 1816, Chase called at the printing oiiice ot Day, and inquired “ the terms on which the plaintiff’would let the nephew of the defendant have newspapers to sell and distribute, &c. as a news carrier.” The plaintiff stated the terms, to which the defendant below replied, “ if my nephew should call for papers, I will be responsible for the papers that he…
1Per curiam
Here wras a promise to pay for the papers by the defendant below, before they were delivered to a third person ; and the only question is, whether the credit was given originally and solely to the defendant. The evidence #lairly warrants the construction, that the credit wras so given; and, therefore, it is not within the statute of frauds, requiring a note in writing, in order to charge one person for the debt or default of another. This was never the debt of the nephew. His uncle made the contract; and the nephew, when he took the papers, explained that his uncle would be responsible for…
2Cited by10 opinions
- Boykin v. Dohlonde & Co.Supreme Court of Alabama · 1861
- Clark v. . HowardNew York Court of Appeals · 1896
- Meldrum v. KenefickSouth Dakota Supreme Court · 1902
- Smith v. IdeSupreme Court of Vermont · 1830
- Payne v. BaldwinNew York Supreme Court · 1853
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