Staats v. Howlett
New York Supreme Court
Assumpsit on an undertaking signed by the defendant and addressed to the plaintiff in the following words: “ Syracuse, May 29th, 1841. To Barent P. Staats, Esq. I hereby obligate myself to hold you harmless for any endorsement you may make for, or have made for, the late firm of Peck, Howlett & Foster, not exceeding three thousand dollars. Parley Howlett.” The cause was tried before a referee.
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Assumpsit on an undertaking signed by the defendant and addressed to the plaintiff in the following words: “ Syracuse, May 29th, 1841. To Barent P. Staats, Esq. I hereby obligate myself to hold you harmless for any endorsement you may make for, or have made for, the late firm of Peck, Howlett & Foster, not exceeding three thousand dollars. Parley Howlett.” The cause was tried before a referee. It was proved that the firm referred to in the letter consisted of Daniel Peck, S. R. Howlett, and Ezra Foster. Peck died shortly before the date of the guaranty, whereby the firm became dissolved.…
1Opinion of the CourtJewett, J.
The first question presented by the report of the referee is, whether the agreement on which the suit is brought, is within'the statute of frauds. “ In the following cases every agreement shall be void, unless such agreement, or some note or memorandum thereof, expressing the consideration, be in writing and subscribed by the party to be charged therewith.” 2. “ Every special promise to answer for the debt, default or miscarriage of another person.”. (2 R. S. 135, § 2.) This agreement, by its terms, is plainly intended to bind the defendant to answer as well for a debt theretofore contracted,…
2Cases cited2 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
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- Smith v. WalkerMichigan Supreme Court · 1885
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