White v. . Rintoul
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of ¡New York, entered upon an order made January 7, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought upon an alleged verbal promise of defendant to pay the amount of two notes owned by plaintiff and made by the firm of Wheatcroft & Rintoul. The material facts are stated in the opinion.
1Opinion of the CourtFinch, J.
The doctrine prevailing in this state which serves to distinguish between original and collateral promises in cases arising under the statute of frauds has been reached in three stages. Each was a definite and deliberate advance toward a more faithful observance of the statute, and an abandonment of efforts to narrow the just and natural range of its application. When, by some authorities, it was said that a verbal promise to pay the debt of another was always collateral and invalid if the primary debt continued to exist concurrently with the promise, a simple and easy test was furnished to…
2Cases cited4 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Leonard v. VredenburghNew York Supreme Court · 1811
- Brown v. . WeberNew York Court of Appeals · 1868
- Ackley v. . ParmenterNew York Court of Appeals · 1885
3Cited by92 opinions
- Martin Roofing, Inc. v. GoldsteinNew York Court of Appeals · 1983
- Raabe v. . SquierNew York Court of Appeals · 1895
- Richardson Press v. . AlbrightNew York Court of Appeals · 1918
- Clark v. . HowardNew York Court of Appeals · 1896
- Kiernan v. KratzOregon Supreme Court · 1902
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