Ware v. Jones
Supreme Court of Alabama
Appeal from Circuit Court of Dallas. Tried before Hon. Geo. H. Craig. Appellant, Horace Ware, brought suit against the appellee, A. T. Jones, on certain promissory notes made by the-latter to the former on the 11th day of August, 1862, payable respectively, on 1st of April, and 1st of August, 1863. The defendant pleaded, among other things, that the sole consideration of the note was the purchase of certain real and personal property, in which defendant retained an interest,…
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Appeal from Circuit Court of Dallas. Tried before Hon. Geo. H. Craig. Appellant, Horace Ware, brought suit against the appellee, A. T. Jones, on certain promissory notes made by the-latter to the former on the 11th day of August, 1862, payable respectively, on 1st of April, and 1st of August, 1863. The defendant pleaded, among other things, that the sole consideration of the note was the purchase of certain real and personal property, in which defendant retained an interest, with the intention on the part of both plaintiff and defendant, to use said property, which consisted of a rolling mill…
1Opinion of the CourtBrick Ell, C. J.
The instructions given the jury, and the first instruction requested by the appellant and refused, involve the same question — the validity of a contract made during the war, for the sale of property real and personal, the seller knew the purchaser was buying, to be used in the making of iron fór the Confederate States, to aid and assist them .in the prosecution of hostilities against the United States. The question has been several times, in various *293forms, presented to this court, and with one exception, such contracts have been declared void.
In Shepherd v. Reese, 42 Ala. 329, a horse was…
2Cases cited11 opinions
- Hanauer v. DoaneSupreme Court of the United States · 1871
- Speed v. CockeSupreme Court of Alabama · 1876
- Hanauer v. WoodruffSupreme Court of the United States · 1873
- McGehee v. LindsaySupreme Court of Alabama · 1844
- De Groot v. Van DuzerNew York Supreme Court · 1838
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Freeman v. BlountSupreme Court of Alabama · 1911
- Nelms v. Edinburg American Land Mortgage Co.Supreme Court of Alabama · 1890
- Merchants Nat. Bank of Mobile v. CotnamSupreme Court of Alabama · 1948
- Hill v. FreemanSupreme Court of Alabama · 1882
- Tompkins v. ComptonSupreme Court of Georgia · 1893
1 more not listed; retrieve them via the Exa API.