Jones v. Palmer
Michigan Supreme Court
Case certified from Eaton Circuit Court, by the Hon. Chas. W. Whipple, Presiding Judge. This was an action of assumpsit upon the defendant’s guaranty of payment of a promissory note for $-300, made by C. B. Dunbar, December 10, 1836, payable to the defendant or bearer, two years from the first day of May (then) next.
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Case certified from Eaton Circuit Court, by the Hon. Chas. W. Whipple, Presiding Judge. This was an action of assumpsit upon the defendant’s guaranty of payment of a promissory note for $-300, made by C. B. Dunbar, December 10, 1836, payable to the defendant or bearer, two years from the first day of May (then) next. The declaration alledged, that, on the 16th day of January, 1837, at Varysburgh, in the county of Genesee, in the state of New York, tbe defendant was indebted to the plaintiff in the sum of $600, and in consideration of such indebtedness, and that the plaintiff at the special…
1Opinion of the CourtFelch, J.
The questions raised by the demurrer in this case are, (1.) Is the agreement contained in the guaranty within the statute of frauds? (2.) Is the consideration sufficiently expressed therein?
Preliminary to the determination of these questions, it becomes necessary to inquire by what law the validity of the instrument, as affected by the statute of frauds, is governed. The defendant claims that it is the law of New York. From the declaration it appears that the guaranty set forth was made, and the consideration for it was received in New York, and that no particular place of performance was…
2Cited by3 opinions
- Wilson v. HentgesSupreme Court of Minnesota · 1882
- Durkin v. Exchange Bank of VirginiaCourt of Appeals of Virginia · 1856
- Ordinary of New Jersey v. WolfsonSupreme Court of New Jersey · 1900