Olmstead v. Greenly
New York Supreme Court
THIS was an action of assumpsit. The declaration con-count for money paid, The three first counts, between them, tamed three special counts, and &c. money had and received, &c. though there was some slight variation stated, in substance, that the plaintiff was an endorser of a promissory note for one thousand dollars, made by E. Bris-f0¡ and Justin Higgins, for their own benefit and accommodation, payable at the office of the Utica Insurance Company, to the plaintiff and…
Read the full summary
THIS was an action of assumpsit. The declaration con-count for money paid, The three first counts, between them, tamed three special counts, and &c. money had and received, &c. though there was some slight variation stated, in substance, that the plaintiff was an endorser of a promissory note for one thousand dollars, made by E. Bris-f0¡ and Justin Higgins, for their own benefit and accommodation, payable at the office of the Utica Insurance Company, to the plaintiff and Elisha Payne, and which the plaintiff had become liable to pay ; that E. Bristol was indebted to the plaintiff in the sum…
1Per curiam
We are of opinion that this is not a case within the statute of frauds. It is not a mere collateral undertaking, ,or agreement, on the part of the defendant, to pay the debt of Bristol; but'was an original contract, on an independent consideration, received by the defendant, by the procurement of the plaintiff. The plaintiff has the same ground of action as if he had delivered his own goods to the defendant, as the consideration of the promise. (Cartling v. Aubert, 2 East’s Rep. 324.) The plaintiff is, therefore, entitled to judgment.
Judgment for the plaintiff
2Cited by11 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Farley v. ClevelandNew York Supreme Court · 1825
- Sweatman v. ParkerMississippi Supreme Court · 1873
- Mason v. . WilsonSupreme Court of North Carolina · 1881
- Gerow v. RiffeWest Virginia Supreme Court · 1887
6 more not listed; retrieve them via the Exa API.