Larson v. Wyman
New York Supreme Court
Motion to Set aside report of" referees. This was an action of assumpsit for work and labor and materials found in repairing a canal boat. Wyman, the defendant, sold the boat to one Rector, who employed the plaintiffs (boat builders) to repair the same. According to the plaintiffs’ witnesses, a. few days after the repairs had been commenced, Wyman told the plaintiffs that he wanted the boat done as soon as possible, and he would be responsible for the pay.
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Motion to Set aside report of" referees. This was an action of assumpsit for work and labor and materials found in repairing a canal boat. Wyman, the defendant, sold the boat to one Rector, who employed the plaintiffs (boat builders) to repair the same. According to the plaintiffs’ witnesses, a. few days after the repairs had been commenced, Wyman told the plaintiffs that he wanted the boat done as soon as possible, and he would be responsible for the pay. Wyman gave Rector a letter of credit on one M’Collum, requesting him to accept Rector’s orders in favor of the plaintiffs to the amount of…
1Opinion of the Court
*247 By the Court,
Savage, Ch. J.
Whether the promise was made or not, was a question of credibility of witnesses, and was probably properly decided by the referees; but whether the promise being by parol was valid, is a question of law which must be determined according to established principles. By the revised statutes, every special promise to answer for the debt,default or miscarriage of another person, shall be void unless in writing expressing the consideration, and subscribed by the person to be charged. 2 R. S. 135, § 2, sub. 2. This does not differ from the old statute of frauds only in so…
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