Haigh v. Brooks

113 Eng.Rep. 119 (1840)

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Nature of the Case

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Facts

Haigh (P) sold goods to Lees on credit. Brooks (D) signed a written promise to guaranty Lee’s debts to P in the amount of 10,000 pounds. The statute of frauds required that the writing had to show consideration was given for the promise to answer for the debt of another. However, the writing given by D to P only said, “in consideration of your being in advance” to Lee in the sum of 10,000 pounds for the purchase of cotton “I do hereby give you my guarantee for that amount.” D then induced P to surrender the writing in exchange for a promise to pay three drafts accepted by Lees of 9,666 pounds when they came due. Lees failed to pay and P sued on the promise of D. D demurred on the ground that there was no consideration. P got the judgment, and this appeal resulted.