Belknap v. . Bender
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover the amount of an indebtedness of the firm of Ward & McVicker to plaintiff, upon the ground of an alleged promise on the part of defendant to pay the same. The facts appear sufficiently in the opinion. The promise proved and found by the jury is not within the statute of frauds.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover the amount of an indebtedness of the firm of Ward & McVicker to plaintiff, upon the ground of an alleged promise on the part of defendant to pay the same. The facts appear sufficiently in the opinion. The promise proved and found by the jury is not within the statute of frauds. (2 N. Y. Stat. at Large, 140, § 2, sub. 2; Leonard v. Vredenburgh, 8 J. R., 29; Farley v. Cleveland, 4 Cow., 432; Throop…
1Opinion of the CourtEarl, J.
In 1872, the plaintiff was engaged with his men and teams in managing a saw-mill for the firm of Ward & McVicker, and they were indebted to him, for labor performed, in the sum of $1,500, and were also largely indebted to the defendant and other parties. The defendant then for the purpose of securing his debt entered into the following agreement with the firm :
“ Agreement made 20th August, 1872.
“ W. M, Bender hereby agrees with Ward & McVicker to take their mill, called Shcdd's mill, to run the said mill, and to saw up their logs now lying in their log yard, to ship the lumber and to sell the…
2Cases cited5 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Mallory v. . GillettNew York Court of Appeals · 1860
- Fullam v. AdamsSupreme Court of Vermont · 1864
- Young v. FrenchWisconsin Supreme Court · 1874
- Pfeiffer v. . AdlerNew York Court of Appeals · 1867
3Cited by15 opinions
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- First National Bank of Sing Sing v. ChalmersNew York Court of Appeals · 1895
- Roblee v. Masonic Life Ass'nNew York Supreme Court · 1902
- Kilborn v. PyneCourt of Appeals for the Third Circuit · 1922
- Terminello v. BleeckerCity of New York Municipal Court · 1935
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