Hendricks v. Robinson & Stevens

Citations

• 56 Miss. 694

Syllabus

<p>1. Salb. Goods sold upon credit of one person, but delivered to another. Latter not liable.</p> <p>■Where goods are sold entirely upon the credit of D., to whom also they are charged, but are delivered to H., there is no original liability on the part of the latter to pay for them; and the fact that the creditor has been defeated in an action upon the account therefor against D., affords no reason for him to recover in an action upon the same account against H.</p> <p>2. Statute oe Frauds. Promise to pay debt of another. For goods used by promisor.</p> <p>Where goods are sold entirely upon the credit of one person, but for the benefit of another, who receives and uses them, the latter does not make himself liable to pay for them by acknowledging the correctness of the account and promising verbally to pay it, in the absence of any arrangement, based upon a sufficient consideration, by which such promisor is substituted for the original debtor, and such debtor is discharged.</p> <p>3. Same. Promise to pay debt of another. By beneficiary or by pj'ocurer of the contract.</p> <p>A promise to pay the debt of another creates no liability if the primary debtor continues liable, unless such assumption be in writing; and whether it be made by the beneficiary or by the procurer of the contract is immaterial.</p> <p>4. Same. Promise to pay debt of another. Based upon moral obligation.</p> <p>The fact that a lot of goods were bought for, and used by, a certain person does not afford such a moral obligation as will support his parol promise to pay for them, where he is under no legal obligation to pay for the same, and no arrangement is made for discharging the primary debtor.</p> <p>5. Statute oe Limitations. Open accounts. Custom of merchants. Instruction.</p> <p>In an action by a merchant, upon an open account, for goods sold and delivered in the city of Jackson, the court instructed the jury, for the plaintiff, that if, by the custom of the merchants of Jackson, including