Earle v. Crane
The Superior Court of New York City
This action was tried before Mr. Justice Woodruff and a jury, in February, 1856. The complaint was dismissed and the decision excepted to. The question of law arising on that exception, and those arising on exceptions taken during the trial, were directed by the court to be heard, in the first instance, at the General Term.
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This action was tried before Mr. Justice Woodruff and a jury, in February, 1856. The complaint was dismissed and the decision excepted to. The question of law arising on that exception, and those arising on exceptions taken during the trial, were directed by the court to be heard, in the first instance, at the General Term. The complaint states, that plaintiff and defendants are merchants in the city of New York, the defendants comprising'the firm of R. E. Crane & Co. On and before the 1st of September, 1852, Nathan Meyer owed the plaintiff §1131.63, and owning ready-made clothing and…
1Opinion of the CourtBy the Court. Bosworth, J.
Proof of such an agreement as is stated in the complaint, and of full execution of it, on the part of Meyer, standing alone, would entitle the plaintiff to recover the $531tm-. The plaintiff could sue on such a promise, in his own name, although not a party to the agreement, by being present and participating in the making of it, and such an agreement is not affected by the statute of frauds. (Barker v. Bucklin, 2 Denio, 45, and cases there cited.)
Notwithstanding that Meyer testified that “the sale was in writing,” and that the papers shown to him were executed by him, and delivered to the…
2Cases cited4 opinions
- Barker v. BucklinNew York Supreme Court · 1846
- Kellogg v. RichardsNew York Supreme Court · 1835
- Murray v. SmithThe Superior Court of New York City · 1853
- Noel v. MurrayThe Superior Court of New York City · 1852
3Cited by2 opinions
- Stoddard v. GrahamNew York Supreme Court · 1861
- Connor v. WilliamsThe Superior Court of New York City · 1864