Douglass v. Howland
New York Supreme Court
*ThiS was an action of covenant, tried at the Herkimer circuit, [ *36 ] in November, 1838, before the Hon. John Willard, one of the circuit judges.
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*ThiS was an action of covenant, tried at the Herkimer circuit, [ *36 ] in November, 1838, before the Hon. John Willard, one of the circuit judges. On the 2d September, 1833, articles of agreement were entered into between the plaintiff and one George W. Bingham, whereby it was mutually agreed that an account should be stated between the members of two mercantile firms which had theretofore existed, and in which Bingham had been a partner ; the plaintiff engaging to pay to Bingham such sum as upon such accounting should be found due to him, and Bingham engaging to pay to the plaintiff such…
1Opinion of the Court
By the Court,
Cowen, J.
The statute provides that, in the following cases, every agreement shall be void, unless such agreement, or some note or memorandum thereof expressing the consideration, be in writing, and subscribed by the party to be charged therewith : 1. Every agreement, that, by its terms, is not to be performed within one year; 2. Every special promise to answer for the debt, default or miscarriage of another person. 2 R. S. 70, new ed. § 2.
It is objected that though the guaranty of the defendant be subscribed by him, it is void as not expressing the consideration. I have no doubt…
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