From Casetext: Smarter Legal Research

Matteson v. Moone

Supreme Court of Rhode Island. PROVIDENCE
Apr 17, 1903
54 A. 1058 (R.I. 1903)

Opinion

April 17, 1903.

PRESENT: Stiness, C.J., Tillinghast and Douglas, JJ.

(1) Contracts. Statute of Frauds. Promise in Writing to Pay Debt of Another. Plaintiff sues A. to recover price of goods delivered to X. The books of plaintiff show that credit was given to X. as well as to A.: — Held, that the promise of A., if any were made, was collateral and not binding unless in writing.

ASSUMPSIT. Heard on petition of defendant for new trial, and petition granted.

Matteson Healy, for plaintiff.

George A. Littlefield, for defendant.


The plaintiff in this case sues to recover the price of groceries delivered to one Willam B. Riddle. The claim that defendant's son was authorized to contract for these goods in his father's name is based upon quite unsatisfactory evidence; but the books and letters of the plaintiff prove that credit was given to Riddle as well as to the defendant. In such case the promise of the defendant, if any were made, must be held to be collateral and not binding upon him, because not made in writing. The case is governed by the decision in Wood v. Patch, 11 R.I. 445.

The case will be remanded to the Common Pleas Division with direction to enter judgment for the defendant.


Summaries of

Matteson v. Moone

Supreme Court of Rhode Island. PROVIDENCE
Apr 17, 1903
54 A. 1058 (R.I. 1903)
Case details for

Matteson v. Moone

Case Details

Full title:ARTHUR J. MATTESON vs. BENJAMIN MOONE

Court:Supreme Court of Rhode Island. PROVIDENCE

Date published: Apr 17, 1903

Citations

54 A. 1058 (R.I. 1903)
25 R.I. 129

Citing Cases

Symons v. Burton

The general rule deducible from the authorities is, that if the credit is given to a third person to any…