New York Court of Appeals

John Ackley, as Executor v. Franklin J. Parmenter, Respondent

March 10, 188598 N.Y. 425

Summary

The Court affirmed the dismissal of the complaint, holding that the defendant's oral promise to pay the plaintiff's claim, which was a debt of a third person, is within the statute of frauds and therefore void. The Court reasoned that no consideration moving to the promisor and benefiting him existed to remove the promise from the statute.