New York Court of Appeals

Savoy Record Company, Inc., Respondent v. Cardinal Export Corp., Appellant, Defendant

November 19, 196415 N.Y.2d 1

Summary

The Court of Appeals reversed the lower court and dismissed Savoy Record Company's claim, holding that Cardinal Export Corp.'s signature as an agent did not satisfy the Statute of Frauds because there was no clear and explicit evidence of a personal intent to guarantee the debt. The decision rests on the rule that an agent is not personally liable absent such intent, and the dissent argued the opposite.