Tuttle v. Welty

John Welty, plaintiff, brought this action against Watson P. Tuttle, defendant, in a justice’s court,-to *26recover for a balance wbicb be claimed to be due bim from defendant on an account for grain sold and delivered. Plaintiff bad judgment there, and also on appeal in tbe county court, and defendant is here with bis appeal. There is no doubt that defendant promised to pay plaintiff for tbe grain in question, but defendant says bis promise was collateral, not direct, a promise to pay not bis own, but another’s, debt, and as tbe promise was not in writing, as sec. 2025, Mills’ Ann. Stats.,…