Elting v. Vanderlyn
New York Supreme Court
THIS was an action of assumpsit. The declaration stated, that one Zachariah Hoffman, now deceased, was, in his life-time, justly indebted to the intestate, in his lifetime, in divers sums of money, &c. that the intestate, in his life-time, was about to sue the heirs of the said Hoffman, for the recovery of the sums so due to him; “ that thereupon the said Jacobus Vanderlyn, in consideration that the said i?. L Elting, (the intestate, i in his life-time, at the special…
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THIS was an action of assumpsit. The declaration stated, that one Zachariah Hoffman, now deceased, was, in his life-time, justly indebted to the intestate, in his lifetime, in divers sums of money, &c. that the intestate, in his life-time, was about to sue the heirs of the said Hoffman, for the recovery of the sums so due to him; “ that thereupon the said Jacobus Vanderlyn, in consideration that the said i?. L Elting, (the intestate, i in his life-time, at the special instance and request of the defendant, would forbear to prosecute the heirs of the said Z. Hoffman, of . . . which the…
1Opinion of the CourtVan Ness, J.
delivered the opinion of the court. 1. There is no pretence for bringing the promise within the statute of frauds. Whether the promise was in writing" or not, need not appear in the declaration. That is matter of evidence only; and after verdict, we must presume that it was in writing. Forbearance to sue is a sufficient consideration for a promise to pay the debt of another. (1 Saund. 211. a. note.)
2. The defendant is not sued as heir, but on a promise to pay the debt of the heirs, and the question of assets does not, therefore, arise. Heirs, under our statute, are liable for the simple…
2Cited by21 opinions
- Goodman v. SimondsSupreme Court of the United States · 1858
- Calkins v. ChandlerMichigan Supreme Court · 1877
- Traders' National Bank v. ParkerNew York Court of Appeals · 1892
- McMicken v. SaffordIllinois Supreme Court · 1902
- Wakefield v. GreenhoodCalifornia Supreme Court · 1866
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