Skelton v. Brewster
New York Supreme Court
IN error, on certiorari, from a justice’s court. Brewster sued Skelton before the justice; and declared on a promise, made by Skelton, to pay the amount due on a cer^in execution against one W. S. being the sum of 25 dollars. The defendant pleaded non assumpsit.
Read the full summary
IN error, on certiorari, from a justice’s court. Brewster sued Skelton before the justice; and declared on a promise, made by Skelton, to pay the amount due on a cer^in execution against one W. S. being the sum of 25 dollars. The defendant pleaded non assumpsit. On the 1 * trial, the plaintiff proved, that Brewster recovered iudg- ’ f , . , „ . J ° ment, and took out an execution tor 25 dollars, against W. ^ an(j t]iat the defendant, the said W. S. delivered all his household goods to the present defendant, who received tbem, and thereupon, and in consideration that the plain-* tiff would…
1Per curiam
This is not- a case within the statute of frauds. The promise of the defendant below, to pay the judgment against a third person, was founded on a new *377and distinct consideration, which was the delivery of tne , r goods or such person, and the plaintiff s discharge or the judgment. It is then to be considered in the light of an original promise, and so the law was declared by this court, in the case of Leonard v. Vredenburgh. The judgment must be affirmed.
Judgment affirmed.
2Cited by12 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Farley v. ClevelandNew York Supreme Court · 1825
- Center v. McQuestenSupreme Court of Kansas · 1877
- Hedden v. SchneblinMissouri Court of Appeals · 1907
- Gaff v. SimsIndiana Supreme Court · 1873
7 more not listed; retrieve them via the Exa API.