Federal Wine & Liquor Co. v. Jabberwock Country Club

The opinion of the court was delivered by

Perskie, J.

The question for decision in this cause is whether defendants’ oral undertakings fall within the ban of our statute of frauds (Rev. Stat. 25 :l-5; 2 Comp. Stat. 1709-1910, p. 2612, § 5) because they are promises to answer for the debt of another.

The complaint, sounding in contract, contains two counts. The first count charges that plaintiff and defendant Boon entered into a verbal agreement by the terms of which plaintiff agreed to sell and deliver liquor to The Jabberwock Club, and defendant Boon agreed to pay for the liquor so sold and…