Cruse v. Foster

Hall, Justice.

This certiorari was sustained and anew trial ordered. The question made in the case was, whether the account, the foundation of the suit in the justice’s court, was an original undertaking on the part of John L. Cruse, Sr., or a collateral engagement to answer for the debt or default of his son. There was as much, or perhaps more, evidence to show that it was the former as the latter. The plaintiffs in the original suit had refused to furnish goods to the son on credit, when they were informed by the father that if they would do so, he would see that they were paid. They then…