Appellate Division of the Supreme Court of New York, 1934

Lebolt & Co. v. Maloney

Appellate Division of the Supreme Court of New York · Decided May 4, 1934

241 A.D. 98; 271 N.Y.S. 428; 1934 N.Y. App. Div. LEXIS 8177

Counsel

Philip J. Nathan of counsel [Norman Berman with him on the brief; Marx & Kahn, attorneys], for the appellant., William M. Butler, for the respondent.

Opinion of the Court

Per Curiam.

The agreement alleged in the complaint is not within the Statute of Frauds because it involved the substitution of the liability of the defendant for the liability of his son. This constituted an original undertaking by the defendant. (Meriden Britannia Co. v. Zingsen, 48 N. Y. 247; Mallory v. Gillett, 21 id. 412.)

The order should be reversed, with twenty dollars costs and disbursements, and the motion granted.

Present — Finch, P. J., Merrell, Martin, O'Malley and Untermyer, JJ.

Order reversed, with twenty dollars costs and disbursements, and motion granted.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.