Reports of Cases Argued and Determined in the Supreme Court of Law and Equity of the State of Arkansas Volume 11-12

Reports of Cases Argued and Determined in the Supreme Court of Law and Equity of the State of Arkansas Volume 11-12

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 edition. Excerpt: ...defendants to pay for them, in case said Young should fail to do so, that defendants were liable to plaintiffs for the payment thereof," to which instruction defendants excepted. The plaintiffs'obtained a verdict and judgment for the amount of the account, and defendants appealed to this court. Button and F. W. & P. Irapnall, for the appellants. Clendenin, contra. 170 Johnson, C. J. The question to be decided here is, whether the evidence is of such a character as to charge the appellants with the debt for which the suit was instituted." It appears, from the testimony, that a certain John M. Young had previously applied to the appellees to purchase goods upon a credit, which they refused to do, and that, upon their refusal, the appellants said to the witness, Broadway, who was acting as the clerk of the appellees, that if he would let Young have goods, and he did not pay for them, they would do so. It is also in proof that the goods taken up by Young were charged in tlie books of the appellees to Young by Kurtz, and that credit was given to Young upon the faith of the solvency of appellants. In order to fix a legal liability upon the appellants for the debt of Young, a distinction is attempted to be taken between a debt pre-existing and one contracted subsequent to the date of the promise or guarantee. This supposed distinction is not believed to be known to the statute of Frauds. The statute declares that "No action shall be brought to charge any person upon any special promise to an swer for the debt, default, or mi scar riage of another, unless the agreement, promise or contract upon which such action shall be brought, or some memorandum, or note thereof, shall be made in writing and signed by the party to be more

Product details

  • Paperback
  • 189 x 246 x 30mm | 1,030g
  • United States
  • English
  • black & white illustrations
  • 1236886313
  • 9781236886316