New York Supreme Court, 1892

Decker v. Hammond

Decker v. Hammond
New York Supreme Court · Decided February 8, 1892 · Ppratt
17 N.Y.S. 645; 44 N.Y. St. Rep. 745; 63 Hun 628; 1892 N.Y. Misc. LEXIS 425 (New York Supplement)

Counsel

Wilton Bennet, for appellant. Howell, Parshall c6 Schofield, for respondent.

Decker v. Hammond

Opinion of the Court

pPratt, J.

There is an entire failure to show that the alleged agreement of defendant to become responsible for the debt of Wyneoop was based upon any consideration. A guaranty, like any other agreement, to be valid, must be based upon a consideration. There was no legal basis to sustain the verdict of the jury, which was properly set aside by the county judge. Order appealed from affirmed, with costs. All concur.

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