Knapp v. Phelps

30 N.Y. Sup. Ct. 527

Opinion

Judgment affirmed with costs. Held, (1) that the defendant’s agreement to pay the debt secured by mortgage on her land was not within the statute of frauds, it being founded upon an original consideration, to wit, the agreement of the plaintiff to extend the time of payment at her request; and (2) that as the agreement was for the benefit of the defendant’s separate estate it was valid notwithstanding her coverture.