Tomaso, Feitner and Lane, Inc. v. Brown

In this action by plaintiff advertising agency to recover from defendant, stockholder of a corporation, the unpaid balance owing for advertising services (and expenses in connection therewith) rendered to the corporation, the Statute of Frauds (Personal Property Law, § 31, subd. 2) is no defense. The oral promise by defendant to make moneys available to the corporation was made not to plaintiff but to the corporation debtor (O’Connor v. Bankers Trust Co., 159 Misc. 920, 932, affd. 253 App. Div. 714, affd. 278 N. Y. 649; Barker v. Bucklin, 2 Denio 45, 60; 2 Corbin on Contracts, § 357; 2…