Welch v. Kenny

California Supreme Court

Welch v. Kenny

49 Cal. 49

CourtCalifornia Supreme Court

DecidedJuly 1, 1874

DocketNo. 4,177

StatusPublished

Cited by1 cases

This text of 49 Cal. 49 (Welch v. Kenny) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Welch v. Kenny, 49 Cal. 49 (Cal. 1874).

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Opinion

By the Court, McKinstry, J.:

The contract between the plaintiff and defendant, followed by the release of the Reddy Brothers, constituted a “novation;” and it was not, on the part of defendant, a mere promise to answer for the “debt, default or miscarriage of another,” nor required to be in writing by the Statute of Frauds. (Civil Code, 1530.)

Judgment and order denying new trial affirmed, with ten per cent, damages. Remittitur forthwith.

Mr. Justice Rhodes did not express an opinion.

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By the Court, McKinstry, J.:

The contract between the plaintiff and defendant, followed by the release of the Reddy Brothers, constituted a “novation;” and it was not, on the part of defendant, a mere promise to answer for the “debt, default or miscarriage of another,” nor required to be in writing by the Statute of Frauds. (Civil Code, 1530.)

Judgment and order denying new trial affirmed, with ten per cent, damages. Remittitur forthwith.

Mr. Justice Rhodes did not express an opinion.

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Bluebook (online)

49 Cal. 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/welch-v-kenny-cal-1874.

Opinion

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