Carville v. Crane
New York Supreme Court
Declaration, that on &c., at &c., in consideration that the plaintiff, at the special instance and request of the defendant, would sell and deliver to the firm of G. B. & J. L. Crane a certain bill of goods upon credit, amounting to the sum of $251,64, the defendant undertook and promised the plaintiff, without writing, that he [the defendant] would join the said firm in a promissory note for the price of said goods, the said firm to be makers thereof and the defendant to be…
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Declaration, that on &c., at &c., in consideration that the plaintiff, at the special instance and request of the defendant, would sell and deliver to the firm of G. B. & J. L. Crane a certain bill of goods upon credit, amounting to the sum of $251,64, the defendant undertook and promised the plaintiff, without writing, that he [the defendant] would join the said firm in a promissory note for the price of said goods, the said firm to be makers thereof and the defendant to be the payee and first endorser thereof; said note to be made payable hi six months from the sale of said goods. The…
1Opinion of the Court
By the Court, Cowen, J.
The declaration states a contract (which it avers was not in writing) by which the defendant, in consideration that the plaintiff at the defendant’s request would sell and deliver a bill of goods amounting to #251,64,. to the firm of G. B. & J. L. Crane, undertook that he would endorse their noté at six months for the price. The legal effect of the contract, if valid, was to bind the defendant to endorse instantly on the sale of the goods. The question is, whether this be a promise to answer for the debt or default of another, within the meaning of the statute of…
2Cases cited4 opinions
- Leonard v. VredenburghNew York Supreme Court · 1811
- D'Wolf v. RabaudSupreme Court of the United States · 1828
- Chapin v. MerrillNew York Supreme Court · 1830
- Hassinger v. SolmsSupreme Court of Pennsylvania · 1818