Shepherd v. Layton

3 N.J.L. 618

Opinion

By the Court.

— There does not appear any consideration for the promise on which this action is founded; it is at best, a naked promise to warrant the plaintiff against a suit brought against him, by a third person; from a naked promise, no action arises; the consideration moving to the promise, must appear. It is true, that both the consideration and promise ought to have been in writing, but this may have been proved at the trial; but for the first reason,

Judgment must be reversed.