Supreme Court of North Carolina September 5, 1896 (Haun v. . Burrell)

*547

Clark, J. :

Section 10 of the Statute of Frauds, now Code, Sec. 1552, provides that, no one shall be liable upon a promise “ to answer the debt, default or' miscarriage of another, unless the agreement upon which such action shall be broughc, or some memorandum or note thereof, shall be in writing and signed by the party charged therewith, or some other person thereunto by him lawfully