Eckman & Vetsburg v. S. Brash & Son
Supreme Court of Florida
Appeal from Circuit Court for Jackson county. This was an action'against S. Brash and Henry Brash to recover upon their alleged written promise to pay a debt due Eckman & Yetsburg from another, H. Brash. The declaration alleges that II.
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Appeal from Circuit Court for Jackson county. This was an action'against S. Brash and Henry Brash to recover upon their alleged written promise to pay a debt due Eckman & Yetsburg from another, H. Brash. The declaration alleges that II. Brash, of Apalachicola, on or about the first day of September, 1881, was indebted to plaintiffs for goods sold, and that on the sixth day of March, 1882, gave them two promissory notes representing the amount ol such indebtedness, one of said notes for $493.72, payable June 1,1882, at either bank in Savannah, and the other note for $499.35, payable August 1,…
1Opinion of the Court
The Chiee-Justice delivered the opinion of the court.
The statute reads, that no action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person, unless the agreement or promise upon which such action, shall be brought, or some note or memorandum thereof, shall be in writing and signed by the party to be charged therewith, or by some other person by him thereunto lawfully authorized.
The paper signed by the defendants offered here to sustain the plaintiffs’ declaration does not contain a promise to pay the debt of…
2Cases cited3 opinions
- Bailey v. OgdenNew York Supreme Court · 1808
- Abeel & Abeel v. RadcliffNew York Supreme Court · 1816
- Smith v. StantonSupreme Court of Vermont · 1843
3Cited by5 opinions
- Booske v. Gulf Ice Co.Supreme Court of Florida · 1888
- Ocala Cooperage Co. v. Florida Cooperage Co.Supreme Court of Florida · 1910
- Swisher v. ConradSupreme Court of Florida · 1919
- Delta Air Lines, Inc. v. WilsonDistrict Court of Appeal of Florida · 1968
- Gladding Corporation v. RegisterDistrict Court of Appeal of Florida · 1974