Dunbar v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. James E. Cobb. This action was brought by A. J. Smith against E. M. Dunbar, and was commenced before a justice of the peace, on the 16th January, 1878. On appeal to the Circuit Court, at the instance of the defendant, the plaintiff there filed a complaint, claiming $30, alleged to be “due by a bill of exchange 'drawn by W. G. McKenzie, on and accepted by the said defendant, dated 19th May, 1877, and payable, thirty…
Read the full summary
Appeal from the Circuit Court of Lee. Tried before the Hon. James E. Cobb. This action was brought by A. J. Smith against E. M. Dunbar, and was commenced before a justice of the peace, on the 16th January, 1878. On appeal to the Circuit Court, at the instance of the defendant, the plaintiff there filed a complaint, claiming $30, alleged to be “due by a bill of exchange 'drawn by W. G. McKenzie, on and accepted by the said defendant, dated 19th May, 1877, and payable, thirty days after date, to B. T. Cooper; and plaintiff avers, that he is the holder and owner of said bill of exchange,” &c.…
1Opinion of the CourtStone, J.
There is nothing in this record to show that, by the negotiation which ended in the acceptance by Dunbar of McKenzie’s draft, the debt of the latter to Cooper, in a *492larger sum, was either cancelled or postponed. If this case stood on this naked fact, and if the promise of Dunbar was a simple promise by him to pay thirty dollars of McKenzie’s debt, then such promise would not be binding without written promise, based on a consideration expressed in the writing.—King v. Wilson, 2 Str. 873; Caston v. Moss, 1 Bailey, 14; Musick v. Musick, 7 Mo. 495; Furbish v. Goodnow 98 Mass. 296; Thomas v.…
2Cases cited7 opinions
- Furbish v. GoodnowMassachusetts Supreme Judicial Court · 1867
- Rutledge's Adm'r v. Townsend, Crane & Co.Supreme Court of Alabama · 1863
- Martin v. Black's ExecutorsSupreme Court of Alabama · 1852
- Thomas v. DelphyCourt of Appeals of Maryland · 1870
- Graves v. ShulmanSupreme Court of Alabama · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Coleman & Carroll v. Hatcher & BrannonSupreme Court of Alabama · 1884
- Westmoreland v. PorterSupreme Court of Alabama · 1883
- Clark & Wadsworth v. JonesSupreme Court of Alabama · 1887
- Carlisle, Jones & Co. v. CampbellSupreme Court of Alabama · 1884
- Lehman v. LevySupreme Court of Alabama · 1881
8 more not listed; retrieve them via the Exa API.