Hunt v. Brown

New York Supreme Court

Hunt v. Brown

5 Hill & Den. 145

DecidedMay 15, 1843

StatusPublished

This text of 5 Hill & Den. 145 (Hunt v. Brown) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hunt v. Brown, 5 Hill & Den. 145 (N.Y. Super. Ct. 1843).

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Opinion

By the Court, Bronson, J.

This is a collateral undertaking by the defendant as a surety to pay the debt of Lewis, and no consideration is expressed in, or can be inferred from the written agreement. The promise is clearly void within the statute of frauds. If it had been a guaranty of payment, the case would have fallen within the decision in Manrow v. Durham, (3 Hill, 584,) and the contract would have been upheld on the ground that it was a promissory note, which imports a consideration. But this is a guaranty of collection, and I am not aware that such an undertaking has ever been deemed a promissory note. The judge has reviewed his decision at the circuit and ordered a new trial, in which we think he was quite right.

New trial granted.

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By the Court, Bronson, J.

This is a collateral undertaking by the defendant as a surety to pay the debt of Lewis, and no consideration is expressed in, or can be inferred from the written agreement. The promise is clearly void within the statute of frauds. If it had been a guaranty of payment, the case would have fallen within the decision in Manrow v. Durham, (3 Hill, 584,) and the contract would have been upheld on the ground that it was a promissory note, which imports a consideration. But this is a guaranty of collection, and I am not aware that such an undertaking has ever been deemed a promissory note. The judge has reviewed his decision at the circuit and ordered a new trial, in which we think he was quite right.

New trial granted.

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Bluebook (online)

5 Hill & Den. 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunt-v-brown-nysupct-1843.