New York Supreme Court December 16, 1892 (Dougherty v. Stone)

BARRETT, J.

The sole question hei;e is whether the defendant’s promise was original or collateral. There are certain undisputed facts which seem to be controlling upon this question,—facts testified to by the plaintiff, Dougherty, himself. It appears from this testimony that Dougherty knew that the title to the houses in which the materials were to be used was in one Louis M. Mowbray.