¶1There is an entire failure to show that the alleged agreement of defendant to become responsible for the debt of Wyneoop was based upon any consideration. A guaranty, like any other agreement, to be valid, must be based upon a consideration. There was no legal basis to sustain the verdict of the jury, which was properly set aside by the county judge. Order appealed from affirmed, with costs. All concur.
17 N.Y.S. 645
Decker v. Hammond
Decided February 8, 1892
New York Supreme Court · decided 1892-02-08
Action by Philip Decker against David Hammond on an alleged agreement by defendant to pay a claim of plaintiff against one Luke Wyneoop.
Affirmed · Decided 1892-02-08