Post v. Geoghegan
New York Court of Common Pleas
Appeal by defendant from a judgment of the Eighth Judicial District Court. This action was brought by the plaintiff, as receiver, &c., to-recover the sum of $176 10 from the defendant, the same being-a balance alleged to be due from the latter, to the firm of Halpin & O’Callaghan, for goods sold and delivered.
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Appeal by defendant from a judgment of the Eighth Judicial District Court. This action was brought by the plaintiff, as receiver, &c., to-recover the sum of $176 10 from the defendant, the same being-a balance alleged to be due from the latter, to the firm of Halpin & O’Callaghan, for goods sold and delivered. The defendant admitted the correctness of the plaintiff’s-claim, as specified in the hill of particulars, with the exception of an item of $110 for a barrel of bourbon and a barrel of pure spirits, which were delivered to one John Connolly, and which he contended he was not liable for.…
1Opinion of the CourtLoew, J.
It appears that the defendant called at the place of business of Halpin & O’Callaghan, in company with one Connolly, and after he had introduced him to one of the members of said firm, he requested them “ to sell him (Connolly) any goods he wanted, and he (defendant) would be responsible.” And the question now arises, whether this promise was an original undertaking, upon which the defendant can be held liable, or whether it was a collateral one, and thus within the statute of frauds.
To constitute an original obligation on the part of one, where the goods are delivered to another, it is…
2Cases cited1 opinion
- Conkey v. HopkinsNew York Supreme Court · 1819
3Cited by4 opinions
- Cole v. HutchinsonSupreme Court of Minnesota · 1886
- Rottman v. FixMissouri Court of Appeals · 1887
- Rottmann v. PohlmannMissouri Court of Appeals · 1888
- Brooks Waterfield Co. v. I. N. Walker Co.Ohio Superior Court, Cincinnati · 1897