Duncan v. Freeman
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. N. D. Denson. The three written charges referred to in the opinion were as follows : (1) ‘ ‘If. the jury believe from the evidence that Mrs. M. A. Freeman replevied the goods sold by Douglass & Duncan, and further,if they believe from the evidence that she rented a storehouse in which these goods or any part of them were sold by.her, or for her benefit, then these are circumstances which the jury may consider…
Read the full summary
Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. N. D. Denson. The three written charges referred to in the opinion were as follows : (1) ‘ ‘If. the jury believe from the evidence that Mrs. M. A. Freeman replevied the goods sold by Douglass & Duncan, and further,if they believe from the evidence that she rented a storehouse in which these goods or any part of them were sold by.her, or for her benefit, then these are circumstances which the jury may consider to ascertain whether she ratified said contract of sale of said goods.” (2) “If the jury believe from the evidence…
1Opinion of the CourtHaralson, J.
The note sued on represents the purchase price of a stock of goods sold by the firm of Douglass & Duncan, of which firm, the plaintiff, E. P. Duncan, was a member. Besides the general issue, the defendants pleaded payment. The defendant, Mrs. M. A. Freeman, pleaded a special plea, setting up that she was a married woman, the wife of J.. A. Freeman, — the other defendant, — when the note was given, and she signed it as surety for her husband, and that she owed the plaintiff nothing at the time. To this special plea, the plaintiff filed a replication, in which he admitted the coverture as…
2Cases cited4 opinions
- Wilkins v. StateSupreme Court of Alabama · 1893
- Buffington v. CookSupreme Court of Alabama · 1863
- Watts v. CleggSupreme Court of Alabama · 1872
- Wharton v. ThomasonSupreme Court of Alabama · 1884
3Cited by2 opinions
- Laird v. Columbia Loan & Investment Co.Supreme Court of Alabama · 1927
- Nelson v. StateSupreme Court of Alabama · 1907