Walker v. Forbes
Supreme Court of Alabama
Error to tbe City Court of Mobile. Tried before tbe Hon. Alex. MoKinstry. Assumpsit by T. & G-. Forbes against Daniel Walker, on a guaranty, for a copy of wbicb see the opinion of tbe court.— The declaration, in addition to tbe common money counts, contained four special counts.
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Error to tbe City Court of Mobile. Tried before tbe Hon. Alex. MoKinstry. Assumpsit by T. & G-. Forbes against Daniel Walker, on a guaranty, for a copy of wbicb see the opinion of tbe court.— The declaration, in addition to tbe common money counts, contained four special counts. The first special count alleges, substantially, that Walker promised to be ultimately responsible for groceries furnished by plaintiffs, under the guaranty, to one Cogburn; that Cogburn has wholly failed to pay; that he is a non-resident of the State of Louisiana, where the guaranty is alleged to have been made ; and…
1Opinion of the Court
CHILTON, C. J. —
This action is upon a guaranty in the following words : “ Messrs. T. & G. Forbes — Gentlemen : If you can sell Mr. J. M. Cogburn any groceries, I am willing to guaranty the ultimate payment of any bill he may make with you, to the amount of five hundred dollars. Yours respectfully, (signed) D. Walker, (dated) New Orleans, April 10 th, 1850.” The ascertainment of the legal effect of this instrument, will enable us better to determine the questions raised upon the judgment overruling the demurrers to the four special counts in the plaintiffs’ declaration.
It is certainly not an…
2Cases cited11 opinions
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Donley v. CampSupreme Court of Alabama · 1853
- Edmondston v. Drake & MitchelSupreme Court of the United States · 1831
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