Majority
p. 553Albert Schindler et al. v. George Ewell et al. (Decided in December, 1872.)
Headnote
Defendants upon succeeding to the business of an old firm, in consideration of receiving all the assets of the old firm, agreed to assume all their debts; Dell, that this was an original promise not within the statute of frauds, founded upon
p. 554
a sufficient consideration; made for the benefit of the creditors of the old firm, and on which they could sue.
Reported in full in 45 How. Pr. 33 .
Appeal by the defendants from a judgment of the general term of the Marine Court, affirming a judgment of that court entered on the report óf a referee.
Merchant & Elliott, for appellants.
David McAdam, for respondents.
Opinion of the court[1] by Daly, Ch. J., and Labbemobe, J. J. F. Daly, J., dissenting.
Judgment affirmed.
* Present, Halt, Ch. J., Larremobe and J. P. Daly, JJ.
Cases cited
- Schindler v. Euell 45 How. Pr. 33 p. 554