Hickory Novelty Co. v. Andrews

Clarkson, J.,

after stating tbe facts: Tbe only question presented on tbe entire record is: Did tbe defendant guarantee to plaintiff tbe account sued on, $3,174.12 and interest? We are of tbe opinion that be did.

C. S., 987, is as follows: “No action shall be brought whereby to charge an executor, administrator or collector upon a special promise to answer damages out of bis own estate, or to charge any defendant upon a special promise to answer tbe debt, default or miscarriage of another person, unless tbe agreement upon wbicb such action shall be brought, or some memorandum or note thereof,…