Hall v. Robbins

By the Court, Geo. G. Barnard, J.

This action is properly brought by the plaintiff against the defendant.

It has been finally settled, that a promise made by a defendant, upon a valid consideration, to pay a third person, will sustain an action by the third person, in his own name, against the person making the promise. (Lawrence v. Fox, 20 N. Y. 268.) In this case the defendant, in consideration of goods sold and delivered to him by a firm of Viles & Monroe, agreed with them to pay the plaintiff’s firm the amount in question, being a debt due from Viles & Monroe to them. The plaintiff owns the…