Mallory v. . Gillett
New York Court of Appeals
Appeal from the Supreme Court. The complaint was, that the plaintiff, at the request of one Haines, had taken upon his dry-dock the canal boat Metropolis, and put upon it repairs to the value of $125. The boat being in the plaintiff’s possession under a lien for the repairs, he refused to deliver it to Haines or to any other person until the amount should be paid; whereupon the defendant, in consideration of the premises and that the plaintiff would deliver the boat to…
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Appeal from the Supreme Court. The complaint was, that the plaintiff, at the request of one Haines, had taken upon his dry-dock the canal boat Metropolis, and put upon it repairs to the value of $125. The boat being in the plaintiff’s possession under a lien for the repairs, he refused to deliver it to Haines or to any other person until the amount should be paid; whereupon the defendant, in consideration of the premises and that the plaintiff would deliver the boat to Haines, promised the plaintiff to pay the amount, due for such repairs. The plaintiff thereupon .delivered the boat to…
1Opinion of the Court
Comstock, Oh. J.
This case ought to be one of first impression. By the statute of frauds, all promises to answer for the debt of a third person are void unless reduced to writing. One Haines owed the plaintiff a debt for repairs on a boat, for which the latter had a lien on the chattel. In consideration of the relinquishment of that lien, and of forbearance to sue the origi nal debtor, the defendant promised the plaintiff, without writing, to pay the debt at a certain future time. There is no pretence that the defendant’s promise was given or accepted as a substitute for the original demand,…
2Cases cited23 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Leonard v. VredenburghNew York Supreme Court · 1811
- Barker v. BucklinNew York Supreme Court · 1846
- Farley v. ClevelandNew York Supreme Court · 1825
- Chapin v. MerrillNew York Supreme Court · 1830
18 more not listed; retrieve them via the Exa API.
3Cited by134 opinions
- Hamer v. . SidwayNew York Court of Appeals · 1891
- White v. . RintoulNew York Court of Appeals · 1888
- Crosby v. JerolomanIndiana Supreme Court · 1871
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Putney v. FarnhamWisconsin Supreme Court · 1870
129 more not listed; retrieve them via the Exa API.