Connor v. Williams
The Superior Court of New York City
Appeal from a judgment entered upon the report of a referee. The action was brought to recover for sails, &c. furnished by the plaintiff in June, 1860, for the ship Sunshine, at the request of' Amos Howes, a part owner of the ship.
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Appeal from a judgment entered upon the report of a referee. The action was brought to recover for sails, &c. furnished by the plaintiff in June, 1860, for the ship Sunshine, at the request of' Amos Howes, a part owner of the ship. The action was referred to a referee, who, by his report, found the following facts: That on or about the 11th ,day of June, 1860, the plaintiff sold and delivered to the ship Sunshine materials, (sails,) amounting to $1004.35. That such sale was on credit of six months. That interest was to he added to such bill from December 11, 1860, the time when the payment…
1Opinion of the Court
*49By the Court,
Garvin, J.
This action is brought to recover $1004.35, with interest from the 11th of December, 1860. The defense interposed is a denial of any promise to pay. The case was referred, and the complaint dismissed on the ground that the promise proved was void by the statute of frauds. Judgment was entered for the defendants, and the plaintiff appeals.
It will be conceded that this sale and transfer was a sufficient consideration to sustain the promise, unless it was necessary to reduce it to writing, as required by the statute of frauds. This statute makes all promises to answer for…
2Cases cited6 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Mallory v. . GillettNew York Court of Appeals · 1860
- Leonard v. VredenburghNew York Supreme Court · 1811
- Terry v. . WheelerNew York Court of Appeals · 1862
- Conkey v. HopkinsNew York Supreme Court · 1819
1 more not listed; retrieve them via the Exa API.