Harvey v. Bank of Center Hill

Citations

• 83 Fla. 55
• 90 So. 699

Syllabus

<p>1. Where there is an independent and unconditional promise by one person to pay the debt .of another, and such promise is made for a valuable consideration which is subsequently paid' or executed by the promissee and is of direct pecuniary value to the promisor, the transaction is not within the statute of frauds, and the liability of the promisor is fixed by the falure of the principal debtor to pay the debt at maturity.</p> <p>2. The defense that an alleged promise is within the statute of frauds is admissible under the general issue in an action upon the promise.</p> <p>3. In an action upon the independent and unconditional promise of one. person to pay the debt of another, a plea averring that when the action was brought the .principal debtor was in the military service of the United States is without merit.</p> <p>4. There is no reversible error in sustaining a demurrer to pleas Which aver a state of facts admissible under the general issue.</p>