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BRITISH SUPREME CLOTHS, LTD. v. FUTURA FABRICS CORP.

34 A.D.2d 642 (1970)

British Supreme Cloths, Ltd., Appellant, v. Futura Fabrics Corporation et al., Respondents, et al., Defendants

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

April 30, 1970

The Statute of Frauds has here been employed to defeat an action based on "a special promise to answer for the debt, default or miscarriage of another person" (General Obligations Law, § 5-701, subd. 2), the suit being upon the guarantee of one corporation to pay another's debt on default by the debtor. Originally defendant-respondent Futura Fabrics Corporation guaranteed, in writing, through its president, defendant-respondent...

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