Duffy v. . Wunsch
New York Court of Appeals
This is an appeal by the defendant from a judgment of the General Term of the Common Pleas, of the city and county of New York, affirming a judgment of the eighth district court of said city, rendered in favor of the plaintiff for forty-four dollars damages and costs. John Roller sold bread to Louis Wunsch, the brother of the defendant, to the value of ninety dollars.
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This is an appeal by the defendant from a judgment of the General Term of the Common Pleas, of the city and county of New York, affirming a judgment of the eighth district court of said city, rendered in favor of the plaintiff for forty-four dollars damages and costs. John Roller sold bread to Louis Wunsch, the brother of the defendant, to the value of ninety dollars. Roller transferred the demand to the plaintiff, who commenced an action to recover the same against Louis Wunsch. The defendant, William Wunsch, promised Roller, that in case he could induce Duffy to1 discontinue the action…
1Opinion of the Court
This appeal presents but one question. Whether the verbal promise of the defendant to pay the debt, which his brother had contracted for his own benefit, and on his own account, and from which the defendant derived no advantage, was void by the statute of frauds. The Revised Statutes, vol. 3 (page 221, § 2, 5th ed.), provide as follows: "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. 1st. Every agreement that by its terms is not to…
2Cases cited2 opinions
- Fountain v. . PetteeNew York Court of Appeals · 1868
- Pfeiffer v. . AdlerNew York Court of Appeals · 1867
3Cited by4 opinions
- Miller v. LynchOregon Supreme Court · 1888
- Morgan v. WoodruffNew York Court of Common Pleas · 1883
- White v. RintoulThe Superior Court of New York City · 1883
- Weyer v. BeachNew York Supreme Court · 1878