Meyer v. Hartman

Citations

• 72 Ill. 442

Syllabus

<p>1. Contract—to pay the debt of another, when made as part of an original conPraet between the pm'ties, is obligatory. Where a creditor, in consideration of the indorsement to him, by his debtor, of certain notes belonging to the debtor, and of an order given by the debtor to the creditor for money which was collected by him, released the debtor from his indebtedness, and also undertook and promised to pay certain indebtedness which the debtor owed to a third party, it was held, that, if he failed to pay such indebtedness to the third party, he was liable for such breach of contract, and the debtor could recover from him all damages sustained by reason thereof.</p> <p>3. Statute of Frauds—promise to pay the debt of another. Where a debtor transfers to one creditor certain notes and an order for money, in payment of his indebtedness to such creditor, and also in consideration of the undertaking and promise by such creditor to pay a debt of the debtor to another creditor, such promise is not within the Statute of Frauds, and is binding.</p> <p>3. Witness—competency—wife for the husband. Where a debtor transferred to his creditor securities in payment of his own debt, the residue of the proceeds to be applied to the payment of other debts owing by the debtor to third persons, in a suit by the debtor against such creditor for a failure to make proper application of the fund, the wife of the plaintiff is not a competent witness in his behalf, under the act of 1867.</p>