Legal Opinion

Corkins v. Collins

Michigan Supreme Court

Decided April 21, 1868PublishedCited by 8 opinions

Error to Wayne Circuit. This was an action brought to recover the value of a bill for board. The defense was the statute of frauds. Judgment was rendered for defendant. The facts are stated in the opinion.

1Opinion of the Court

Campbell J.

Oorkins sued Collins on a verbal promise to pay a bill for board and money lent, due from one James Sykes. The consideration was the release of certain trunks supposed to be held for the debt. ' The defence was the statute of frauds. IJpon the testimony the court directed the jury to find for defendant.

There was no testimony tending in our opinion to show an extinguishment of the liability of Sykes, and the property was released for his sole benefit. If Oorkins had a lien upon it, the only question to be decided is whether a promise to pay the debt of another is exempted from the…

2Cases cited1 opinion

  1. Mallory v. . GillettNew York Court of Appeals · 1860

3Cited by8 opinions

  1. McLaughlin v. AustinMichigan Supreme Court · 1895
  2. Westmoreland v. PorterSupreme Court of Alabama · 1883
  3. Cincinnati Traction Co. v. ColeCourt of Appeals for the Sixth Circuit · 1919
  4. Pratt v. BatesMichigan Supreme Court · 1879
  5. Stewart v. JeromeMichigan Supreme Court · 1888

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