Frosco Food Club Plan, Inc. v. Dennison

Appellate Terms of the Supreme Court of New York

Frosco Food Club Plan, Inc. v. Dennison

18 Misc. 2d 241, 192 N.Y.S.2d 836, 1959 N.Y. Misc. LEXIS 3464

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 16, 1959

StatusPublished

Cited by2 cases

This text of 18 Misc. 2d 241 (Frosco Food Club Plan, Inc. v. Dennison) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Frosco Food Club Plan, Inc. v. Dennison, 18 Misc. 2d 241, 192 N.Y.S.2d 836, 1959 N.Y. Misc. LEXIS 3464 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

In this action to recover a balance due under a written agreement alleged to have been assumed orally by the defendant, the evidence clearly indicates that the latter bound [242]*242himself as a principal debtor primarily liable for the obligation here involved. Consequently, his promise does not come within the operation of the Statute of Frauds.

The judgment should be unanimously reversed on the law and facts, with $30 costs to the plaintiff, and judgment directed for plaintiff in the sum of $484.15, with appropriate costs in .the court below.

Concur — Pette, Hart and Brown, JJ.

Judgment reversed, etc.

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