Crow v. Burtwell
Alabama Court of Appeals
Assumpsit. Appeal from Lauderdale Circuit Court. Heard before Hon. H. A. Bradshaw, Special Judge. Assumpsit by J ames Burtwell against J. N. Crow and another. From a judgment for plaintiff, defendants appeal.
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Assumpsit. Appeal from Lauderdale Circuit Court. Heard before Hon. H. A. Bradshaw, Special Judge. Assumpsit by J ames Burtwell against J. N. Crow and another. From a judgment for plaintiff, defendants appeal. The following are the pleas referred to : (2) The defendants say: That the notes sued on were executed by them for the rent of certain premises in Florence, Ala., consisting of a storehouse, dwelling, and grounds around the same comprising about six acres of cultivated land. That before the expiration of the said lease, and when there were then outstanding and unpaid three notes of $20…
1Opinion of the CourtPelham, P. J.
It Avas our conclusion, and it Avas so stated in the original opinion reversing the judgment of the lower court, that pleas Nos. 2 and 3 contained averments showing a sufficient consideration to support the release therein pleaded, and that the trial court- committed reversible error in sustaining the demurrers to these pleas taking the point that they failed to shoAV a consideration for the release set up by the pleas. Upon a reconsideration of the case on rehearing, we are of the opinion that to so hold is to indulge presumptions and implications in support of the pleas as against the…
2Cases cited5 opinions
- Henderson v. Tennessee Coal, Iron & Ry. Co.Supreme Court of Alabama · 1914
- Lovell v. DeBardelaben Coal & Iron Co.Supreme Court of Alabama · 1890
- Westmoreland v. PorterSupreme Court of Alabama · 1883
- Birmingham Railway Light & Power Co. v. WrightSupreme Court of Alabama · 1907
- Mobile Light & Railroad v. BellSupreme Court of Alabama · 1907
3Cited by1 opinion
- Harrison v. StateAlabama Court of Appeals · 1915