Meriden Britannia Co. v. . Zingsen
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Mew York, affirming a judgment' entered upon the report of referee in favor of the plaintiff. This action is brought to recover a balance claimed to be due upon a contract by which defendant assumed to pay the debt of a third person.
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Appeal from judgment of the General Term of the Superior Court of the city of Mew York, affirming a judgment' entered upon the report of referee in favor of the plaintiff. This action is brought to recover a balance claimed to be due upon a contract by which defendant assumed to pay the debt of a third person. The defence is, that the agreement is void under the statute of frauds, found among other things as follows : On the 31st day of January, 1861, one L. H. Mattison was indebted to the plaintiff in the sum of $1,580.07, which indebtedness the said Mattison was unable to pay. A verbal…
1Opinion of the Court
Earl, C.
There are two theories, upon either of which this judgment can be upheld. We may treat the defend ant’s agreement as one to pay and discharge the debt of Mattison.
This agreement the defendant claims to be void under the statute of frauds, which provides that “ every special promise to answer for the debt, default or miscarriage of another person” shall be void, unless such promise be in writing, expressing the consideration thereof and subscribed by the promisor.
It is not every verbal promise to pay the debt of another that is void within this statute. There are many exceptions, as…
2Cases cited2 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Morris v. SliterCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by15 opinions
- Nau v. Vulcan Rail & Construction Co.New York Court of Appeals · 1941
- Clark v. WestAppellate Division of the Supreme Court of the State of New York · 1910
- Glenn v. . RosslerNew York Court of Appeals · 1898
- In re the General Assignment for the Benefit of Creditors of Marta Cooperative, Inc., New York County Courts1973
- Gray v. BoothAppellate Division of the Supreme Court of the State of New York · 1901
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