Legal Opinion

Simpson v. Patten

New York Supreme Court

Decided August 15, 1809PublishedCited by 10 opinions

In error on certiorari, from a justice’s court. J Patten, the defendant in error, sued Simpson, the plaintiff m error, m the court below, on a promise, that it he, Patten, would forbear to sue one J. S. the present plaintiff in error would pay the defendant in error the amount of the note of J. S. to the defendant in error, which was then due, as soon as he could sell an acre of land, belonging to the said J. S. which he was authorised to sell; and the plaintiff averred that…

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In error on certiorari, from a justice’s court. J Patten, the defendant in error, sued Simpson, the plaintiff m error, m the court below, on a promise, that it he, Patten, would forbear to sue one J. S. the present plaintiff in error would pay the defendant in error the amount of the note of J. S. to the defendant in error, which was then due, as soon as he could sell an acre of land, belonging to the said J. S. which he was authorised to sell; and the plaintiff averred that Simpson did sell the acre of land, for the sum of 50 dollars, fkc. The defendant in error, offered to prove the…

1Per curiam

A promise to pay the debt of a third person must be in writing, notwithstanding it is made on a sufficient consideration, (2 Str. 873. 2 Term Rep. 80. 2 Wils. 94. 1 Saund. 211. n. 2.) The judgment below must be reversed.

Judgment reversed.

2Cited by10 opinions

  1. Mallory v. . GillettNew York Court of Appeals · 1860
  2. Barker v. BucklinNew York Supreme Court · 1846
  3. Eddy v. RobertsIllinois Supreme Court · 1856
  4. Emerick v. SandersWisconsin Supreme Court · 1853
  5. Westheimer v. PeacockSupreme Court of Iowa · 1856

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