Maury v. Olive
Supreme Court of Alabama
In Franklin Circuit Court, J. W. Maury brought an action of assumpsit against Ira Olive. The declaration contained two counts. The first count alleged that, on, Sic. at, &e. “ the said defendant was justly indebted to the. said plaintiff in the sum of one hundred dollars, and being so indebted, he the said defendant, on the day and year last aforesaid, undertook and promised, &c.”
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In Franklin Circuit Court, J. W. Maury brought an action of assumpsit against Ira Olive. The declaration contained two counts. The first count alleged that, on, Sic. at, &e. “ the said defendant was justly indebted to the. said plaintiff in the sum of one hundred dollars, and being so indebted, he the said defendant, on the day and year last aforesaid, undertook and promised, &c.” The second count averred, that “ afterwards, to wit: on the day and year last above mentioned, and in the county aforesaid,the said defendant became indebted'to the said plaintiff in the further sum of one hundred…
1Opinion of the Court
By JUDGE PERRY.
The qifestion presented for the consideration of this Court, is, does the declaration shew a good cause of action? We are of opinion it does not, because the plaintiffhas not shewn in what respect the defendant is indebted, and although it would not be necessary in a declaration to state the particular work done, or goods sold; yet it should appear that it was not a debt of record, or specialty, but only a simple contract, and any general words by which that would appear, would be sufficient. The plaintiff, therefore, not having stated in his declaration, the consideration out…
2Cited by3 opinions
- Newton v. BrookSupreme Court of Alabama · 1901
- Kean v. MitchellMichigan Supreme Court · 1865
- Malone-Beal Mer. Co. v. GreerSupreme Court of Alabama · 1910