Reed v. Holcomb
Supreme Court of Connecticut
Assumpsit for money paid; tried in the superior court, on the general issue closed to the court, before Carpenter, J. Upon the trial it was proved that in October, 1860, the defendant had procured from Frazier, Mills & Co., who were indebted to him, their note for the sum of ¡¡>500, payable to the order of the plaintiff, three months after date, at the Aetna Bank, Hartford.
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Assumpsit for money paid; tried in the superior court, on the general issue closed to the court, before Carpenter, J. Upon the trial it was proved that in October, 1860, the defendant had procured from Frazier, Mills & Co., who were indebted to him, their note for the sum of ¡¡>500, payable to the order of the plaintiff, three months after date, at the Aetna Bank, Hartford. The note was so procured by the defendant without the knowledge of the plaintiff, who had no interest in the matter. The defendant carried the note to the plaintiff and requested him to indorse it, but he having some…
1Opinion of the CourtHinman, C. J.
It appears to us that the statute of frauds *363does not apply to this ease. We think the defendant never intended to become the surety of Frazier, Mills & Co. in making the promise that he did make, and that the plaintiff never intended to accept of his undertaking as that of a surety, or as at all collateral to their liability. It is often difficult from the mere words in which a promise is made to determine whether any credit was given to a third person, and the undertaking therefore collateral to the engagement or liability of such person, or whether it was a wholly independent and original…
2Cases cited2 opinions
- Young & Otis v. CovellNew York Supreme Court · 1811
- Cross v. RichardsonSupreme Court of Vermont · 1858
3Cited by26 opinions
- Bernard J. Lee, Platiff-Appellant v. Jenkins Brothers, Bernard J. Lee v. Farnham YardleyCourt of Appeals for the Second Circuit · 1959
- Bartolotta v. CalvoSupreme Court of Connecticut · 1930
- Anderson v. SpenceIndiana Supreme Court · 1880
- Fitzsimmons v. International Assn. of MacHinistsSupreme Court of Connecticut · 1939
- Calamita v. DeponteSupreme Court of Connecticut · 1936
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