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Claggett v. Donaldson

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 1933
238 App. Div. 831 (N.Y. App. Div. 1933)

Opinion

March, 1933.

Present — Finch, P.J., Merrell, O'Malley, Sherman and Townley, JJ.


Judgment and order reversed, with costs, and the motion denied, with ten dollars costs, with leave to defendant to answer within twenty days from service of order upon payment of said costs. The complaint does not allege an agreement to answer for the debt of another but alleges a novation by which the original debt was completely extinguished and an original promise by the defendant substituted therefor. Such agreement is not within the Statute of Frauds. This entitles the parties to go to trial on their pleadings.


Summaries of

Claggett v. Donaldson

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 1933
238 App. Div. 831 (N.Y. App. Div. 1933)
Case details for

Claggett v. Donaldson

Case Details

Full title:STRABO V. CLAGGETT, Appellant, v. AUSTIN S. DONALDSON, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 1, 1933

Citations

238 App. Div. 831 (N.Y. App. Div. 1933)

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