Hawkins v. People's Trust & Sav. Bank

The appeal is to review the ruling upon the pleading. The effect of pleas 4 and 5 whs to limit the consideration to one of defendant’s, and was insufficient against the demurrer. If the contract has a consideration to support it, this is sufficient though the consideration may • have been received by a third person, for whose benefit the defendant contracted. 13 C. J. p. 740, § 884; Moore v. Williamson, 213 Ala. 274, 104 So. 645, 42 A. L. R. 981. The defendant had the benefit of these pleas under plea A as follows: “The defendant in said cause says that the instrument sued on is without…