Milks v. . Rich
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 15 Hun, 178.) This action was brought upon an alleged oral guaranty or promise, upon the part of defendant, at the time qf the sale and transfer by him to plaintiff, that the note was good and would be .paid at maturity. ■ The note in question was made by C. E. Marsh, payable to the order of S. S. Marsh, and indorsed by the latter. Plaintiff’s evidence was…
1Opinion of the CourtEarl, J.
We must assume here the most favorable construction which the evidence will bear for the plaintiff, as all conflict and' doubt has been settled in his favor by the jury. We may assume, then, as the effect.of the evidence (although it is not very satisfactory), that the defendant, in borrowing the money of the plaintiff and disposing of the Marsh note to him, was ostensibly acting for himself, and not as agent for Marsh, and that he promised that the note was good, and would be paid at maturity. The defendant claims that this promise, not iu writing, is void under the statute of frauds. The…
2Cases cited3 opinions
- Brown v. . CurtissNew York Court of Appeals · 1849
- Fowler v. ClearwaterNew York Supreme Court · 1861
- Lossee v. WilliamsNew York Supreme Court · 1872
3Cited by11 opinions
- Carroll v. NodineOregon Supreme Court · 1902
- Mead v. . ParkerNew York Court of Appeals · 1888
- Swenson v. StoltzWashington Supreme Court · 1904
- Smith v. CoregeSupreme Court of Arkansas · 1890
- Dows v. SwettMassachusetts Supreme Judicial Court · 1883
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