Newbern v. . Fisher

Stacy, C. J.,

after stating tbe case: Is a special promise by one, not a party to a note, to save another harmless if be will become surety thereon, an undertaking to answer tbe debt, default or miscarriage of another within tbe meaning of tbe statute of frauds? Tbe question is not new. It is old and vexatious. Tbe decisions are hopelessly in conflict. Notes 1 A. L. R., 383, and 6 Ann. Cas., 671; 25 R. C. L., 524; 25 C. J., 155.

Tbe only uniformity found among tbe decisions relates to a matter of terminology. Tbe “special promise,” mentioned in tbe statute, is regarded as meaning an express…