Ackley v. . Parmenter
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 4, 1884, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. (Reported below, 31 Hun, 476.)'/ The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 4, 1884, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. (Reported below, 31 Hun, 476.)'/ The nature of the action and the material facts are stated in the opinion. Where a debtor puts a fund or property into the hands of a third party to pay the debt, and in consideration thereof, the third party promises the debtor to pay. it, or where the debtor puts a fund or property into the hands of the third party,…
1Opinion of the CourtRapallo, J.
The question on this appeal is, whether the trial court erred in dismissing the complaint on the ground that the undertaking of the defendant was void under the statute of frauds.
The complaint averred, in substance,that on the 23d of May, 1876, the plaintiff, as executor of Philander Ackley, deceased, obtained a judgment for the foreclosure of a mortgage made to his testator by Robert F. Silliman, on certain lands in Sara-toga county, to secure an indebtedness of Silliman, of which there was then due $2,675.84; that under that judgment the mortgaged premises were advertised for sale, and •…
2Cases cited3 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Belknap v. . BenderNew York Court of Appeals · 1878
- Salisbury's v. Heirs of PhilipsNew York Supreme Court · 1815
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- White v. . RintoulNew York Court of Appeals · 1888
- Raabe v. . SquierNew York Court of Appeals · 1895
- First National Bank of Sing Sing v. ChalmersNew York Court of Appeals · 1895
- Kiernan v. KratzOregon Supreme Court · 1902
- Hurst Hardware Co. v. GoodmanWest Virginia Supreme Court · 1910
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