Lebolt & Co. v. Maloney

Appellate Division of the Supreme Court of New York

Lebolt & Co. v. Maloney

241 A.D. 98, 271 N.Y.S. 428, 1934 N.Y. App. Div. LEXIS 8177

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 4, 1934

StatusPublished

Cited by1 cases

This text of 241 A.D. 98 (Lebolt & Co. v. Maloney) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lebolt & Co. v. Maloney, 241 A.D. 98, 271 N.Y.S. 428, 1934 N.Y. App. Div. LEXIS 8177 (N.Y. Ct. App. 1934).

Pincite

Opinion

Per Curiam.

The agreement alleged in the complaint is not within the Statute of Frauds because it involved the substitution of the liability of the defendant for the liability of his son. This constituted an original undertaking by the defendant. (Meriden Britannia Co. v. Zingsen, 48 N. Y. 247; Mallory v. Gillett, 21 id. 412.)

The order should be reversed, with twenty dollars costs and disbursements, and the motion granted.

Present — Finch, P. J., Merrell, Martin, O'Malley and Untermyer, JJ.

Order reversed, with twenty dollars costs and disbursements, and motion granted.

Free access — add to your briefcase to read the full text and ask questions with AI