Hyperlawhypertext legal databasebeta Frosco Food Club Plan, Inc. v. Dennison 18 Misc. 2d 241

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Frosco Food Club Plan, Inc. v. Dennison

18 Misc. 2d 241 Court Supreme Court, Appellate Term, Second Department, Decision date 1959-06-16 English

Judges Concur — Pette, Hart and Brown, JJ.

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p. 241
Frosco Food Club Plan, Inc., Appellant, v. Eugene Dennison, Respondent.
Supreme Court, Appellate Term, Second Department,
June 16, 1959.
Keilson <& Keilson (Joseph Keilson of counsel), for appellant.
No appearance for respondent.

In this action to recover a balance due under a written agreement alleged to have been assumed orally by the defendant, the evidence clearly indicates that the latter bound

p. 242
himself as a principal debtor primarily liable for the obligation here involved. Consequently, his promise does not come within the operation of the Statute of Frauds.

The judgment should be unanimously reversed on the law and facts, with $30 costs to the plaintiff, and judgment directed for plaintiff in the sum of $484.15, with appropriate costs in .the court below.

Concur — Pette, Hart and Brown, JJ.

Judgment reversed, etc.