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BASSFORD v. RADSCH

6 A.D.2d 804 (1958)

Florence W. Bassford, Appellant, v. Robert H. Radsch, as Executor of Robert C. Winmill, Deceased, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 9, 1958

Order affirmed, without costs.

In our opinion, if the proof at the trial shows that decedent promised appellant that, at appellant's option, he would reimburse appellant, the case would not be within the Statute of Frauds as a special promise to answer for the debt, default or miscarriage of another person (Tomaso, Feitner & Lane v. Brown, 4 N.Y.2d 391; see, e.g., Reeve v. Cromwell, 227 App. Div. 32; Jones v...

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