Public-domain · open source
OpenJurist

64 Miss. 545

Ware v. Allen

Mississippi Supreme Court

Decided October 15, 1886

Mississippi Supreme Court · decided 1886-10-15

Hon. T. J. Wharton, Judge. G. L. Ware owned a certain stock of goods on which he had executed a mortgage in favor of Allen, West & Bush. One J. B. Allen had recovered a judgment in the federal court against G. L. Ware, and'his interest in the goods as mortgagor was subject to the judgment of J. B. Allen.

Cited by 2 later decisions — most recently March 1913

2 state decisions

Relies on Lee v. Newman · Crim v. Fitch

Good law ✅— No negative treatment on recordhow we know

Decided 1886-10-15

View the full empirical analysis of this case →

Arnold, J.,

¶1delivered the opinion of the court.

¶2The demurrer should have been sustained. The plea to which it was applied constituted no defense to the action. A promise made to a debtor to pay a debt which he owes to a third person is not a promise to answer for the debt of another within the meaning of the statute of frauds. The statute applies only to promises made to the person to whom another is answerable. Browne on Frauds, § 166; Eastwood v. Kenyon, 11 Ad. & E. 438; 3 Parsons on Con. 24, 26; Crim v. Fitch, 53 Ind. 214; Lee v. Newman, 55 Miss. 365.

¶3The promise of appellees as alleged in the declaration was not made to the creditor of appellant, but to appellant, and it was agreed that in consideration that appellant would part with his interest in the stock of goods, appellees would pay a debt which he owed to a third • person. Such promise was no more within the statute of frauds than it would have been if appellees had promised to pay directly to appellant so much money for his interest in the stock of goods. The transaction was about as free from all the requirements of the statute of frauds as one well could be.

¶4The judgment is reversed and the cause remanded.

/64/miss/545 · .json · Public domain