Newcomb v. Clark
Court for the Trial of Impeachments and Correction of Errors
Error to the Dutchess common pleas. Clark sued New comb before a justice of the peace, and the plaintiff was nonsuited on the trial and had' judgment for costs against him. This judgment the common pleas reversed on certiorari.
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Error to the Dutchess common pleas. Clark sued New comb before a justice of the peace, and the plaintiff was nonsuited on the trial and had' judgment for costs against him. This judgment the common pleas reversed on certiorari. By the justice’s return it appeared that the plaintiff declared upon an agreement, by which the defendant, in consideration that the plaintiff would let or hire a certain part of a dwelling house to one Ward for $37 a year, payable quarterly, agreed to pay the rent in case Ward should fail to do so. He averred an occupation by Ward under such letting, "and assigned a…
1Opinion of the Court
By the Court, Jewett, J.
The statute (2 R. S. 135, § 2) provides, that in the following cases every agreement shall be void, unless such agreement, or some note or memorandum thereof expressing the consideration, be in writing and subscribed by the party to be charged therewith: 1. Every agreement that by its terms is not to be,performed within one year ; 2. Every special promise to answer for the debt, default or miscarriage of another person. It is not denied but that the guaranty signed by the plaintiff in error falls within that class of agreements provided for by the second subdivision of…
2Cases cited4 opinions
- Potter v. DeyoNew York Supreme Court · 1838
- Lincoln v. CrandellNew York Supreme Court · 1839
- Pike v. GandallNew York Supreme Court · 1832
- Pease v. AlexanderNew York Supreme Court · 1810
3Cited by17 opinions
- Evansville National Bank v. KaufmannNew York Court of Appeals · 1883
- Sisson v. Cleveland & Toledo RailroadMichigan Supreme Court · 1866
- Scott v. . MorganNew York Court of Appeals · 1884
- Fenly v. StewartThe Superior Court of New York City · 1851
- Gillig v. Lake Bigler Road Co.Nevada Supreme Court · 1866
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