White v. Rintoul
The Superior Court of New York City
Appeal from judgment in favor of defendant entered upon the dismissal of plaintiff’s complaint at the trial. The facts appear in the opinion.
1Opinion of the Court
By the Court.—Freedman, J.
—The complaint was dismissed exclusively upon the ground that plaintiff’s counsel, in opening the case to the jury, admitted that the promise of the defendant alleged in the complaint and constituting the foundation of the cause of action, was not in writing, the trial judge thereupon holding that it came within the provisions of the statute of frauds as being a promise to answer for the debt of another. This therefore, constitutes the only question to be reviewed. Upon the facts set forth in the complaint no question, as to the sufficiency of the consideration for…
2Cases cited9 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Brown v. . WeberNew York Court of Appeals · 1868
- Watson v. RandallNew York Supreme Court · 1838
- Smith v. IvesNew York Supreme Court · 1836
- Prime v. . KoehlerNew York Court of Appeals · 1879
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3Cited by1 opinion
- Tighe v. MorrisonNew York Supreme Court · 1886