Church v. . Brown
New York Court of Appeals
Appeal from the Supreme Court. Action upon a written guaranty. The referee, before whom the cause was tried, found these facts: The plaintiffs, on the 1st day of July, 1852, made a contract with one White, which was reduced to writing and signed by the parties, by which the plaintiffs agreed, during one year, to sell to White such articles of hardware, from their store, as he might desire, upon a credit of one year, with interest after six months-from the time of purchase.
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Appeal from the Supreme Court. Action upon a written guaranty. The referee, before whom the cause was tried, found these facts: The plaintiffs, on the 1st day of July, 1852, made a contract with one White, which was reduced to writing and signed by the parties, by which the plaintiffs agreed, during one year, to sell to White such articles of hardware, from their store, as he might desire, upon a credit of one year, with interest after six months-from the time of purchase. Simultaneously with the execution of this agreement the defendant subscribed this instrument indorsed upon the agreement:…
1Opinion of the Court
The statute requires every special promise to answer for the debt, default, or miscarriage of another, to be in writing, subscribed by the party to be charged thereby, and expressing therein the consideration. The consideration and promise must be expressed in the instrument, or the agreement is void (2 R.S., 135). The referee held, in this case, that the agreement of the defendant was void, because no consideration was expressed therein, as required by the statute; and this is the single point for review.
Neither the English statute of frauds, nor ours, prior to the Revised Statutes, in…
2Cases cited7 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Hough v. GrayNew York Supreme Court · 1838
- Allen v. JaquishNew York Supreme Court · 1839
- Sears v. BrinkNew York Supreme Court · 1808
- Hall v. Farmer & DoolittleNew York Supreme Court · 1848
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Evansville National Bank v. KaufmannNew York Court of Appeals · 1883
- Board of Commissioners v. AllmanIndiana Supreme Court · 1895
- Beakes v. . DacunhaNew York Court of Appeals · 1891
- Sun Oil Co. v. HellerNew York Court of Appeals · 1928
- Read v. Lehigh Valley Railroad Co.New York Court of Appeals · 1940
23 more not listed; retrieve them via the Exa API.