Sweatman v. Parker

Citations

• 49 Miss. 19

Syllabus

<p>1. Statute of frauds — Promise to fat the debt of another. — 0. was indebted lu P. in the sum of $1011.25. It was agreed between them andB. that.C. should cause to be transferred to B. certain promissory notes amounting to $1000, in consideration of which B. promised to pay to P. the debt due him by C. The transfer was made, suit brought on the verbal promise, and B., exr., sets up the statute of fraud.</p> <p>2. If the party to whom a consideration moves becomes personally liable for the payment of the debt of another person, though made at. the same time, and upon the same consideration, it is a collateral undertaking to pay the debt of another. 1 Smith’s Leading Cases, 381.</p> <p>3. Whore the promise to pay the debt of another arises out of some new and original consideration of benefit or harm, movingbetwoen the newly contracting parties, it is an original undertaking, and not a case within the statute.</p> <p>4. The statute does not apply, if the consideration springs out of any new, transaction, or move to the party promising upon some fresh and substantivo ground of personal concern to himself. In such case, bhore is no doubt that a good and valid, promise may be made by parol, and it is independent of the statute.</p> <p>5. The sort of promise which the statute means, and which must be reduced to writing, is a promise to answer for the debí, fbfanll or nv'searriage of cutoffier pei'snti,fm' tohich iltal other person himself eonlimtes liable, and this is the test by which we are to determine whether it should be in writing.</p> <p>S. Where the defendant has received a valuable consideration for tha purpose of paying the debt of another1, from either party, distinct from and independent of the original debt, and thereupon promised payment, it would bo an original undertaking, and not necessary to be evidenced by writing, as in the case of being furnished with funds tor the purpose of paying the debt.</p> <p>7, WxTNJSSS — OOMKSSJBSOe—To ESTABLISH CLAIM MMEN