Rose v. O'Linn

The plaintiff in this ease assigns for error the giving of the 4th, 5th, 6th, 7th, and 8th instructions, which are in the following words:

“4. If it was simply an agreement to pay it — if some other party primarily liable did not — it was what is called a collateral promise or a promise to answer for the debt or default of another, and consequently void by what is known as our statute of frauds, for not being in writing.

*365“ 5. Illustration of original and collateral promises may be given as follows, which you will understand are merely illustrations: If a person says, £ Go to that pauper and…