Noyes' Ex'x v. Humphreys
Supreme Court of Virginia
This was an action of assumpsit in the Circuit court of Kanawha county, brought by John R. Humphreys against Bradford. Noyes, and upon his death revived against his executrix.
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This was an action of assumpsit in the Circuit court of Kanawha county, brought by John R. Humphreys against Bradford. Noyes, and upon his death revived against his executrix. On the trial it appeared by a written agreement, that Noyes had leased certain salt property to James M. Thompson for ten years, reserving rent to a large amount; and that Thompson undertook to make very considerable- improvements upon the property ; to aid him in doing which, Noyes was to advance to him the sum of two thousand dollars. Several witnesses testified that Thompson employed the plaintiff to execute a part…
1Opinion of the Court
ALLEN, P.
The cases upon undertakings coming within the scope of that branch of the statute of frauds prescribing the mode in which the special promise to answer for the debt, default or misdoings of another person should be made, have been numerous, and many subtle, if not shadowy, distinctions have peen taken. Every collateral promise to answer for the debt, default or misdoings of another person, is within the statute, and void if not in writing ; but original undertakings need not be in writing, not being within the statute. The difficulty is in determining under which head the undertaking…
2Cases cited1 opinion
- Cutler v. HintonSupreme Court of Virginia · 1828
3Cited by6 opinions
- Boykin v. Dohlonde & Co.Supreme Court of Alabama · 1861
- Board of Commissioners v. Cincinnati Steam Heating Co.Indiana Supreme Court · 1891
- Engleby v. HarveySupreme Court of Virginia · 1896
- Gerow v. RiffeWest Virginia Supreme Court · 1887
- Commonwealth v. McCulloughSupreme Court of Virginia · 1894
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