Chapin v. Merrill
New York Supreme Court
This was an action of assumpsit tried at the Brie circuit in April, 1828, before the Hon. John Birdsall, then one of the circuit judges.
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This was an action of assumpsit tried at the Brie circuit in April, 1828, before the Hon. John Birdsall, then one of the circuit judges. The plaintiff, at the request and on the solicitation of the defendant, entered into a written agreement under seal with one Asa Ransom, by which they covenanted with a mercantile firm that if they would supply one Aset Ransom, jun. with such goods, wares and marchandizes as he should apply for, that they, the covenantors, would pay such sum and sums of money remaining unpaid by A. Ransom, jun, not exceeding $2000, as should be due to the firm. The defendant…
1Opinion of the Court
By the Court
Marcy, J.
The contract on which this action is brought is not, in my opinion, within the statute of *658frauds. The action is brought on the parol undertaking of the defendant to save the’ plaintiff harmless. This is clearly an original undertaking; it was not made with the party buying or selling the goods. The goods sold by Hickok and Hart to Ransom were not the consideration for the promise. It was held by Lord Hardwicke, in the case of Tomlinson v. Gill, (Ambler, 330,) that if the consideration of the promise takes its' root in a transaction distinct from the original liability,…
2Cases cited1 opinion
- Strohmier v. StumphIndiana Superior Court · 1873
3Cited by34 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Tighe v. . MorrisonNew York Court of Appeals · 1889
- Administrators of Beaman v. RussellSupreme Court of Vermont · 1848
- Jones v. . BaconNew York Court of Appeals · 1895
- Kingsley v. BalcomeNew York Supreme Court · 1848
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