Bradt v. . Krank
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered ¡November 17,1898, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered ¡November 17,1898, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The defendants’ promise wTas not to pay their own debt, nor a promise made upon any consideration moving to them and beneficial to them ; but it was a promise to pay the precedent debt of third parties, and it was void under the Statute of Frauds, if oral, and equally void, though in…
1Opinion of the CourtBartlett, J.
The cause of action alleged in the complaint is this, in substance : That the plaintiffs were copartners, doing business in Albany, and certain persons, not parties to this action, were partners in trade at Schenectady under the firm name of Church & Jones; that Church & Jones were indebted to plaintiffs in the sum of $265.50 for goods sold and delivered; that plaintiffs sued the claim and were entitled to enter judgment; that defendants, for the purpose of inducing them to withdraw the suit and extend time of payment, made and subscribed a memorandum in writing, whereby they promised and…
2Cases cited5 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Carnwright v. . GrayNew York Court of Appeals · 1891
- Romeyn v. SicklesNew York Court of Appeals · 1888
- Hegeman v. . MoonNew York Court of Appeals · 1892
- Truesdell v. . SarlesNew York Court of Appeals · 1887
3Cited by11 opinions
- First National Bank of Poteau v. AllenSupreme Court of Oklahoma · 1923
- Hernandez v. Brookdale Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
- Anderson v. EnglishAppellate Division of the Supreme Court of the State of New York · 1905
- First National City Bank v. ValentineNew York Supreme Court · 1969
- Union National Bank v. LearyAppellate Division of the Supreme Court of the State of New York · 1902
6 more not listed; retrieve them via the Exa API.