Childs v. Barnum
New York Supreme Court
Error to the superior court of the city of New-York. Barnum & Co. sued Russel Childs in the superior court, in covenant, on an agreement signed and sealed by R. Childs, and of which the following is a copy : “New-York, May 13, 1845. In consideration of one dollar, to me in hand paid, I hereby guarantee to Barnum, Morris So McKnight, the payment of one hundred and seventy-eight -fh dollars in one year from this date, being the balance of William Smith’s account, as appears on…
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Error to the superior court of the city of New-York. Barnum & Co. sued Russel Childs in the superior court, in covenant, on an agreement signed and sealed by R. Childs, and of which the following is a copy : “New-York, May 13, 1845. In consideration of one dollar, to me in hand paid, I hereby guarantee to Barnum, Morris So McKnight, the payment of one hundred and seventy-eight -fh dollars in one year from this date, being the balance of William Smith’s account, as appears on their ledger. Witness, Samuel H. Jordan. R. Childs, [l. s.]” The defendant pleaded non est factum, and gave notice that…
1Opinion of the Court
By the Court,
Mitchell, J.
The revised statutes (vol. 2, p. 135, § 2) declare that 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, in the following cases : 1st. An agreement that by its terms is not to be performed within a year. 2d. Every special promise to answer for the debts, &c. of another. 3d. Every agreement, promise or undertaking, made in consideration of marriage, except promises to marry. The revisers seem to have made a distinction between…
2Cases cited3 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Oakley v. BoormanNew York Supreme Court · 1839
- M'Curtie v. StevensNew York Supreme Court · 1835
3Cited by9 opinions
- Steadman v. GuthrieCourt of Appeals of Kentucky · 1862
- Harvey v. J. P. Morgan & Co.City of New York Municipal Court · 1937
- D. M. Osborne & Co. v. BakerSupreme Court of Minnesota · 1885
- Fargis v. . WaltonNew York Court of Appeals · 1887
- Goodwin v. Cabot Amusement Co.Supreme Judicial Court of Maine · 1930
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