Farley v. Cleveland
New York Supreme Court
O n error from the Washington C. P. Farley sued Cleveland in the Court below, declaring specially, that one Moon on ^le 22d November, 1815, gave the plaintiff a promissory note for $100, with interest, payable the 1st June there-after j that on the 1st January, 1817, Cleveland, in consideration of 15 tons of hay (value $150) sold and delivered ’ _ _ _ . . s n by Moon to him, .at his instance, promised to pay the note of Moon to Farley.
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O n error from the Washington C. P. Farley sued Cleveland in the Court below, declaring specially, that one Moon on ^le 22d November, 1815, gave the plaintiff a promissory note for $100, with interest, payable the 1st June there-after j that on the 1st January, 1817, Cleveland, in consideration of 15 tons of hay (value $150) sold and delivered ’ _ _ _ . . s n by Moon to him, .at his instance, promised to pay the note of Moon to Farley. On the trial, the plaintiff offered to prove the note; and that, in the spring of 1817, Moon absconded, just before which the defendant promised to pay Moon’s…
1Opinion of the Court
Curia, per
Savage, Ch. J.
That part of the statute which relates to this case, is as follows : “No action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriages of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing,” &c. Our statute is a transcript of the 29 Ch. 2. The English decisions, therefore, upon that statute, are entitled to consideration. We have been referred to several, before noticing which, the three classes of cases mentioned by…
2Cases cited9 opinions
- Leonard v. VredenburghNew York Supreme Court · 1811
- Sears v. BrinkNew York Supreme Court · 1808
- Jackson v. RaynerNew York Supreme Court · 1815
- Skelton v. BrewsterNew York Supreme Court · 1811
- Gold v. PhillipsNew York Supreme Court · 1813
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3Cited by69 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Seaver v. . RansomNew York Court of Appeals · 1918
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Mallory v. . GillettNew York Court of Appeals · 1860
- Emerson v. SlaterSupreme Court of the United States · 1860
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