Carson Petroleum Co. v. Union Commercials Des Petroles

Headnote

Contract — guaranty — Statute of Frauds — action to recover upon alleged contract of guaranty— defenses of Statute of Frauds and failure of consideration.

Carson Petroleum Co. v. Union Commercials Des Petroles, 215 App. Div. 385 , affirmed.

Appeal from a judgment, entered February 11, 1926, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of Special Term denying a motion by defendant-respondent for a dismissal as to him of the amended complaint and granted said motion. The complaint alleged causes of action against defendant-respondent based upon an alleged guaranty of a draft drawn by plaintiff on defendant Union Commerciale Des Petroles, and upon an alleged guaranty of the purchase price of merchandise sold and delivered by plaintiff to said defendant. The defenses were the Statute of Frauds, in that

the causes of action were upon oral special promises to answer for the debt, default or miscarriage of another, and also a failure of consideration for said promises.

Judgment affirmed, with costs;