Muller v. Riviere

Citations

• 59 Tex. 640
• 1883 Tex. LEXIS 241

Syllabus

<p>1. Statute of frauds. — In consideration of plaintiff’s promise not to foreclose a deed of trust (which he held upon a stock of goods), executed by the deceased husband of defendant, and of his promise to continue to furnish her goods, to be covered, as in the case of her husband, by the deed of trust, she, the defendant, promised verbally to pay off the amount due from her husband out of the proceeds of an insurance policy on her husband’s life. Held, that the defendant’s promise to pay the debt of her husband was not within the statute of frauds. '</p> <p>2. Same.— The consideration of the new promise of the defendant springing, as it did, out of a new transaction, and moving to her upon a fresh and substantial ground of personal benefit to herself, the statute of frauds did not apply to that promise to pay the debt once due from her husband; but she made the debt her own by an original promise supported by a sufficient consideration.</p>