3 Pin. 34
Decided December 15, 1850
Wisconsin Supreme Court · decided 1850-12-15
This was an action of assumpsit, originally commenced in a justice’s court in Columbia county, by the defendant in error. The declaration was founded upon the naked promise of the plaintiff in error, to the defendant in error, for certain board bills of various persons, to various amounts, due to him, but for which the plaintiff in error was not indebted, and including several bills against some of those persons, for horse keeping, etc., in the whole amounting to $27.03.
Decided 1850-12-15
¶1It is clear from the authorities introduced by the counsel for the plaintiff in error, that the ruling of the court below, admitting the proffered evidence of the defendant in error, under the objection taken' thereto, was erroneous. There can be no doubt but that the case at bar was within the statute of frauds, and that the action could not be' maintained under the proof made.
¶2.Judgment reversed.