Martin v. Harrington
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — Hon. A. D. Burns, Judge.
1Opinion of the CourtEllison, P. J.
Plaintiff’s action is to recover $663.70 on an account. Defendant demurred to the petition on the ground that it did not state a cause of action. The trial court sustained the demurrer and plaintiff' appealed.
The ground of the demurrer was that the petition stated the original debt was that of another person which defendant had promised to pay and that being the verbal promise to pay the debt of another it was void under the Statute of Frauds (Sec. 2783, R. S. 1909) providing that, “No action shall be brought to *708charge . . . any person upon any special promise to answer for the debt, default…
2Cases cited10 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Leonard v. VredenburghNew York Supreme Court · 1811
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- Brown v. . WeberNew York Court of Appeals · 1868
- Packer v. BentonSupreme Court of Connecticut · 1868
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Diehr v. Carey and Fid. Cas. Co. of N.Y.Missouri Court of Appeals · 1945
- Nelson v. HudsonMissouri Court of Appeals · 1927
- Meyers v. . AllsbrookSupreme Court of North Carolina · 1949
- Moore v. McHaneyMissouri Court of Appeals · 1915
- Swarens v. PfniselSupreme Court of Missouri · 1930
3 more not listed; retrieve them via the Exa API.