First National Bank of Sing Sing v. Chalmers
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme - Court in the second judicial department, entered upon an order made at the May term, 1893, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Circuit without a jury. A mem. of the case on a former appeal appears in 120 NT.
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Appeal from judgment of the General Term of the Supreme - Court in the second judicial department, entered upon an order made at the May term, 1893, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Circuit without a jury. A mem. of the case on a former appeal appears in 120 NT. Y. 658. This action was brought upon an alleged agreement made by defendants for a valuable consideration to pay to plaintiff the amount of an indebtedness of the firm of Charles Spruce & Co. to it. On October 30, 1882, said firm, being financially embarrassed, confessed…
1Opinion of the CourtFinch, J.
What constitutes an original promise, upon which the Statute of Frauds does not operate, and which, therefore, may be valid and effectual without a writing, is fairly settled in one direction at least. Wherever the facts show that the debtor has transferred or delivered to the promisor, for his own use and benefit, money or property in consideration of the latter’s agreement to assume and pay the outstanding debt, and he, thereupon, has promised the creditor to pay, that promise is original, upon the ground that by the acceptance of the fund or property under an agreement to assume and pay…
2Cases cited3 opinions
- Ackley v. . ParmenterNew York Court of Appeals · 1885
- Ogden v. . AlexanderNew York Court of Appeals · 1893
- Belknap v. . BenderNew York Court of Appeals · 1878
3Cited by30 opinions
- Seaver v. . RansomNew York Court of Appeals · 1918
- Richardson Press v. . AlbrightNew York Court of Appeals · 1918
- Clark v. . HowardNew York Court of Appeals · 1896
- National Surety Corporation of New York v. EllisonCourt of Appeals for the Eighth Circuit · 1937
- Zeiser v. . CohnNew York Court of Appeals · 1913
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