Mertins v. Hubbell Publishing Co.
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Assumpsit by the Hubbell Publishing Company against Gustave F. Mertins. Judgment for plaintiff and defendant appeals. ’Transferred from Court of Appeals under the authority of the act creating such court. For former appeal in this case see 4 Ala. App. 500, 58 South. 679, where the facts fully appear.
1Opinion of the Court
SAYRE, J.—
(1, 2) Demurrer to plea 3 was sustained. The plea was that the original contracts sued upon were void for want of consideration. The complaint contained two of the common counts. These were based upon express or implied promises to pay money in consideration of a precedent and existing debt, and showed therefore an executed consideration. The other counts showed a case of mutual promises, each furnishing a sufficient consideration to support an action upon the other. So, at best, this-plea did no more than deny plaintiff’s cause of action, which was else*313where done in proper form,…
2Cases cited4 opinions
- Beard v. Union & American Publishing Co.Supreme Court of Alabama · 1881
- American Amusement Co v. East Lake Chutes Co.Supreme Court of Alabama · 1911
- Milligan v. PollardSupreme Court of Alabama · 1895
- Birmingham Railway, Light & Power Co. v. Pratt & McCurdySupreme Court of Alabama · 1914
3Cited by8 opinions
- Loudonville Milling Co. v. DavisSupreme Court of Alabama · 1948
- Lloyd Thomas Co. v. GrosvenorTennessee Supreme Court · 1920
- Ex Parte SnoddySupreme Court of Alabama · 1986
- R. M. Hollingshead Co. v. BakerCourt of Appeals of Tennessee · 1926
- M. & R. Construction Company, a Partnership Composed of Jack A. Roberts and Jack A. Roberts, Individually v. National Homes CorporationCourt of Appeals for the Fifth Circuit · 1961
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