Harrison v. Sawtel

WhereA.beindemnify B° suit ^inCwhieh id 'requited c.’to become B^and“promised to in-it was held to undertaking3’ Ck waT'entitied to recovet* against him the ex-heeneSputhto ¡ngeto obtai”1» surrender of

IN ERROR, on certiorari, from a justice’s court. Sawtet sued Harris on before the justice; and declared that at the spe and request of H. he, S., had become special bail ™ * °f E- P. for one Foot, in a suit brought against him by one Hallenback; by reason whereof he had laid out and expended a large sum of money, and performed labour* &c. in the-pursuit of the said Foot, in order to surrender him in that suit, &c. Defendant pleaded the general issue. It appeared that Sawtel was bail to the sheriff, in the suit in the C. P. and that at request of Harrison, (who held himself bound to indemnify Foot in that action,) Sawtel became special bail, &c. and the de fendant H. promised to indemnify him. It was also proved that the plaintiff had sustained damages in seeking Foot to surrender ^^ ^bat the defendant offered'to pay the plaintiff in goods, . and had paid him a small part of his demand. It was objected by the defendant’s counsel that the undertaking of the defendant to indemnify the plaintiff, not being in writing, was void by the statute of frauds; but the justice decided that it was an original undertaking, and overruled the objection, and gave judgment for the plaintiff.