Pace v. Springer
New Mexico Supreme Court
Appeal from District Court, Colfax County; Leib, Judge. It is well settled that a promise to pay tlie debt of another in consideration merely of forbearance by the creditor to sne the original debtor or to make an attachment or levy an execution without any new or original consideration moving to the promisor and beneficial to him is within the statute of frauds and must be in writing. Statute of frauds must be pleaded.
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Appeal from District Court, Colfax County; Leib, Judge. It is well settled that a promise to pay tlie debt of another in consideration merely of forbearance by the creditor to sne the original debtor or to make an attachment or levy an execution without any new or original consideration moving to the promisor and beneficial to him is within the statute of frauds and must be in writing. Statute of frauds must be pleaded. Fraser v. State Savings Bank, 18 N. M., p. 357, 137 Pac. 592; Strouse v. Btting, 110 Ala. 132; St. Louis, etc. By. v. Hall, 74 S. W. 293; Gwynn v. McCauley, 32 Ark. 97;…
1Opinion of the Court
OPINION OP THE COURT.
HANNA, C. J.
(after stating the facts as above.)
[1] The first question presented by appellant’s brief under his assignment of errors is that in this jurisdiction a defendant to avail himself of the benefit of the statute of frauds must plead the statute. He cites in support of this point the ease of Fraser v. State Savings Bank, 18 N. M. 357, 137 Pac. 592. This ease, however, is not authority for his contention, although the language of the opinion offers some justification for appellant’s supposition that the opinion supports his position. We said in the Fraser Case, in…
2Cases cited1 opinion
- Fraser v. State Savings BankNew Mexico Supreme Court · 1913
3Cited by6 opinions
- Sierra Blanca Sales Co., Inc. v. Newco Industries, Inc.New Mexico Court of Appeals · 1972
- Banes Agency v. ChinoNew Mexico Supreme Court · 1955
- Beacon Supply Company v. American Fiber Corp.New Mexico Supreme Court · 1965
- Raton Wholesale Liquor Co. v. BesreNew Mexico Supreme Court · 1945
- Underwood v. SapirNew Mexico Supreme Court · 1954
1 more not listed; retrieve them via the Exa API.