Smith v. Ives
New York Supreme Court
Demurrer to pleas. The declaration in this cause contained' several counts. The first was on a guaranty, bearing date 13th March, 1829, whereby the defendant engaged to guarantee to the plaintiff the eventual payment of a note given by one Torrey to the plaintiff, for the sum of $59, which note was alleged to bear date 5th June, 1828, and to have been made payable 1st February, 1829. The guaranty was alleged •to be in writing, endorsed on the back of Torrey’s note, to be…
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Demurrer to pleas. The declaration in this cause contained' several counts. The first was on a guaranty, bearing date 13th March, 1829, whereby the defendant engaged to guarantee to the plaintiff the eventual payment of a note given by one Torrey to the plaintiff, for the sum of $59, which note was alleged to bear date 5th June, 1828, and to have been made payable 1st February, 1829. The guaranty was alleged •to be in writing, endorsed on the back of Torrey’s note, to be signed by the defendant and to have been given for a valuable consideration. In the second count, the plaintiff alleged…
1Opinion of the Court
*183 By the court
Savage Ch. J.
Ever since the case of Sears v. Brink, 3 Johns. R. 210,it has been uniformly held, in this court that to take a case out of the statute of frauds, not only the promise, but the consideration for the promise, must be in writing. In Rogers v. Kneeland, 10 Wendell, 250, it was held that, under the old statute, it was not necessary that the consideration should appear upon the face of the instrument containing the promise—that it was sufficient, if fairly implied. In this case it is admitted, by the demurrer, that the consideration does not appear upon the face of the…
2Cases cited1 opinion
- Rogers v. KneelandNew York Supreme Court · 1833
3Cited by15 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Watson v. RandallNew York Supreme Court · 1838
- Brewster v. . SilenceNew York Court of Appeals · 1853
- Hall v. Farmer & DoolittleNew York Supreme Court · 1848
- Taylor v. PrattWisconsin Supreme Court · 1854
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