Westmoreland v. Porter
Supreme Court of Alabama
Appeal from Lawrence Circuit Court. Tried before Hon. H. C. Speaice. This was a suit by Theo. Westmoreland against R. B. Porter, to recover damages for tbe alleged breach of an agreement in writing executed by the defendant on 29th December, 1880, by which he “acknowledged” himself “security” for the payment to the plaintiff, within thirty days, of $650, as a balance due from one J. M. McGehee for the rent of plaintiff’s plantation. in Lawrence county, for tbe year 1880; the…
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Appeal from Lawrence Circuit Court. Tried before Hon. H. C. Speaice. This was a suit by Theo. Westmoreland against R. B. Porter, to recover damages for tbe alleged breach of an agreement in writing executed by the defendant on 29th December, 1880, by which he “acknowledged” himself “security” for the payment to the plaintiff, within thirty days, of $650, as a balance due from one J. M. McGehee for the rent of plaintiff’s plantation. in Lawrence county, for tbe year 1880; the complaint alleging the circumstances under which the agreement was made, and the consideration supporting it. It is…
1Opinion of the CourtSomerville, J.
-The agreement sued on purports on its face to be one of mere suretyship on the part of the defendant, Porter, in which he obligates himself to pay the plaintiff an antecedent debt of six hundred and fifty dollars, due to the plaintiff by one McGehee. The agreement itself is signed by the defendant alone, and does not express any consideration. One of the questions arising in the case is, whether this agreement is void within the influence of the statute of frauds, as “ a special promise to answer for the debt, default or miscarriage of another.” It is required that agreements of this class…
2Cases cited21 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Fullam v. AdamsSupreme Court of Vermont · 1864
- Brown v. . WeberNew York Court of Appeals · 1868
- Rigby v. NorwoodSupreme Court of Alabama · 1859
- Lee's Adm'rs v. FontaineSupreme Court of Alabama · 1846
16 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Florence Cotton & Iron Co. v. FieldSupreme Court of Alabama · 1894
- Moore v. WilliamsonSupreme Court of Alabama · 1925
- Coleman & Carroll v. Hatcher & BrannonSupreme Court of Alabama · 1884
- Herrington v. Central Soya Co., Inc.Supreme Court of Alabama · 1982
- Moore v. WilliamsonSupreme Court of Alabama · 1923
19 more not listed; retrieve them via the Exa API.