Skelton v. Brewster

8 Johns. 376 | N.Y. Sup. Ct. | 1811

Per Curiam.

This is not- a case within the statute of frauds. The promise of the defendant below, to pay the judgment against a third person, was founded on a new and distinct consideration, which was the delivery of tne , r goods or such person, and the plaintiff s discharge or the judgment. It is then to be considered in the light of an original promise, and so the law was declared by this court, in the case of Leonard v. Vredenburgh. The judgment must be affirmed.

Judgment affirmed.