Harris & Price v. Young
Supreme Court of Georgia
Statute of Frauds. Before Judge Knight. Lumpkin Superior Court. April Adjourned .Term, 1869. Harris & Price sued Young upon an open account for-$10 30, before a Justice of the Peace. Young pleaded the general issue, and relied on the Statute of Frauds.
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Statute of Frauds. Before Judge Knight. Lumpkin Superior Court. April Adjourned .Term, 1869. Harris & Price sued Young upon an open account for-$10 30, before a Justice of the Peace. Young pleaded the general issue, and relied on the Statute of Frauds. The evidence was, that plaintiffs, merchants, sold Daniel Rilly, a freedman, merchandiáe of said value; they made out the account and handed it to Rilly, he saying that he would get Young to pay it; soon after, Young, having said account in his hand, went with Rilly to the plaintiffs’ store, and said, “lam owing Daniel, and if you will charge…
1Opinion of the CourtWarner, J.
According to the statement of facts contained in the record of this case, the agreement of Young to pay Harris & Price the,amount due to them by Rilly, was an original undertaking on his part to pay ’the amount specified, to them, ,and which was charged to him at his request, on their books, and Rilly was discharged from all liability for the payment thereof. It was not a collateral undertaking or promise to pay the debt of Rilly, which the statute requires to be in writing. Young undertook and promised to pay the plaintiffs the amount due them by Rilly, in consideration that they would…
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