Wilkie v. Marshall
Supreme Court of New Jersey
On appeal. The agreed state of the case is as follows: This action was brought upon two promissory notes, copies of which are as follows: “$200.00. TRENTON, N. J., Nov. 20th, 1903. “Sixty days after date I promise to pay to the order of Irwin P. Wolfinger Two hundred dollars at First National Bank Trenton, N. J. Value received. (Signed) “James Wilkie.” Endorsed “Irwin P. Wolfinger, R. S. Woodruff.” Also “Protest waived 1. 19. 1904, R. S. Woodruff.”
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On appeal. The agreed state of the case is as follows: This action was brought upon two promissory notes, copies of which are as follows: “$200.00. TRENTON, N. J., Nov. 20th, 1903. “Sixty days after date I promise to pay to the order of Irwin P. Wolfinger Two hundred dollars at First National Bank Trenton, N. J. Value received. (Signed) “James Wilkie.” Endorsed “Irwin P. Wolfinger, R. S. Woodruff.” Also “Protest waived 1. 19. 1904, R. S. Woodruff.” “'$50.00. TeentoN, N. J., Nov. 23d, 1903. “Sixty days after date I promise to pay to the order of Irwin P. Wolfinger Fifty dollars at 1st N. B.…
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
Woodruff’s promise was that if his client failed in his appeal he, Woodruff, would pay the money ob*274tained from the plaintiff to do the printing required on such appeal. There was no objection to the competence of this testimony and no point is made that the promise thus proved lacked consideration. The appellant was nonsuited solely upon the ground that the promise thus proved was to pay the debt of another and was not in writing. Two questions that are not raised and hence will not be considered are— first, whether the notes signed by…
2Cases cited3 opinions
- Chapin v. MerrillNew York Supreme Court · 1830
- Tighe v. . MorrisonNew York Court of Appeals · 1889
- Warren v. AbbettSupreme Court of New Jersey · 1900
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