
    ANDREW J. BELKNAP, Respondent, v. WENDELL M. BENDER, Appellant.
    
      Statute of frauds —promise to pay debt of another.
    
    A being indebted to B for sawing lumber at A’s mill, conveyed his property to 0, who hired B to continue the running of the mill, saying that he would -pay him the same that A had paid him, and saying further, that he had made arrangements with A to pay A’s debt to the plaintiff, and that he would pay him the back pay that was coming to him. Held, that the agreement to pay A’s debt was void under the statute of frauds. (Pfeiffer v. Adler, 37 N. Y., 164; Mallory v. Gillet, 21 id., 412.)
    This is an appeal from a judgment entered upon the verdict of a# jury, rendered at the Lewis Circuit in June, 1874.
    
      C. D. Adams, for the appellant.
    
      J. Thomas Spriggs, for the respondent.
   Opinion by

Morgan, J.

Present — Mullin, P. J., Smith and Morgan, JJ.

Judgment reversed and new trial granted, costs to abide event.  