Blunt v. Boyd
New York Supreme Court
This was a writ of error to the mayor’s court of the city of Albany. Boyd sued Blunt, in the court below, in assumpsit, and declared on the common counts, and also on two special counts. The defendant pleaded the general issue.
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This was a writ of error to the mayor’s court of the city of Albany. Boyd sued Blunt, in the court below, in assumpsit, and declared on the common counts, and also on two special counts. The defendant pleaded the general issue. It appeared in evidence that John D. Rowley commenced working for the defendant, as a carpenter, in May, 1845, being engaged in building a barn for him; and that he continued to work for the defendant until February, 1846. On the 23d of January, 1846, Rowley was indebted to the plaintiff for the balance of a bill of lumber obtained to build the said barn, in the sum of…
1Opinion of the CourtParker, J.
The first question to be determined in this case is, whether the promise made by Blunt to pay the debt due to the plaintiff from Rowley was void by the statute of frauds. The statute now declares every special promise to answer for the debt, default, or miscarriage of another person, 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. In the recent case of Barker v. Buckling (2 Denio, 45,) Mr. Justice Jewett has reviewed, with great care and ability, the cases bearing upon this point.…
2Cases cited2 opinions
- Barker v. BucklinNew York Supreme Court · 1846
- Ellwood v. MonkNew York Supreme Court · 1830
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