Fuller v. Gray
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. N. D. Denson. The appellee, William Gray, brought the present action against the appellant, A. T. Fuller, and counted upon the common counts.
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Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. N. D. Denson. The appellee, William Gray, brought the present action against the appellant, A. T. Fuller, and counted upon the common counts. The facts of the case are sufficiently stated in the opinion. • Upon the introduction of all the evidence, the court, at the request of the plaintiff, gave to the jury the following written charge : (1.) “If the jury believe from the evidence that-all the credit was given to Fuller, and that Whatley got the goods from Gray, then the jury must find a verdict for plaintiff, and assess his…
1Opinion of the CourtColeman, J.
This action began in a justice’s court, the consideration of the claim being for goods sold'and delivered. All the assignments of error are based on the rulings of the court upon instructions to the jury, and the overruling of defendant’s motion for a new trial. The defendant Fuller (appellant here) pleaded the genera] issue, and specially, that the debt was the debt of one B. W. Whatley, and that if he (defendant) ever agreed or promised to pay the same, it was a promise to answer for the debt, default or miscarriage of another, and was not in writing, with the consideration expressed in…
2Cases cited2 opinions
- Louisville & Nashvile Railroad v. HurtSupreme Court of Alabama · 1893
- Webb v. Hawkins Lumber Co.Supreme Court of Alabama · 1893
3Cited by3 opinions
- Shepherd v. Butcher Tool & Hardware Co.Supreme Court of Alabama · 1916
- Day v. AdcockAlabama Court of Appeals · 1914
- Fuller v. GraySupreme Court of Alabama · 1899