9 S.C.L. 227
Supreme Court of South Carolina
Decided May 15, 1818
Supreme Court of South Carolina · decided 1818-05-15
This was a process brought by the . * ° « against the defendant, on the promise of the latter to pay the debt of another, to which the statute of frauds was pleaded. The presiding _ - •, . -¶ . n ,i Judge permitted evidence to be given oi another « r o promise, made by the defendant to pay this independently of that set forth in the body of the process, and gave a decree for the plaintiff
Decided 1818-05-15
¶1The opinion of the Court was delivered by
¶2As the law requires that the plaintiff, in a proceeding of this kind, shall distinctly state the circumstances of his case, and as no mention was made therein of this second promise, I am clearly of opinion that no evidence of such promise ought to have been permitted to go to the Jury.
¶3A new trial should be had in the case.