Cahuzac & Co. v. Samini
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before tlie Hon. C. W. EapieR. This action was brought'by the appellants, and the amended complaint was in these words : “ The plaintiffs; who are merchants, residing in.the city of New Orleans, claim of the defendant,, a resident of Mobile, $400, • for this : — One M. Eranceschi, who carried on the business of a confectioner in the city of Mobile on the 26th July, 1858, desired to open an account with plaintiffs, and to…
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Appeal from the Circuit Court of Mobile. Tried before tlie Hon. C. W. EapieR. This action was brought'by the appellants, and the amended complaint was in these words : “ The plaintiffs; who are merchants, residing in.the city of New Orleans, claim of the defendant,, a resident of Mobile, $400, • for this : — One M. Eranceschi, who carried on the business of a confectioner in the city of Mobile on the 26th July, 1858, desired to open an account with plaintiffs, and to purchase from them.goods necessary and proper in his line of business ; and the defendant, knowing this, promised said…
1Opinion of the CourtStone, J.
The averments of the amended complaint in this record disclose only an overture, or offer, to guaranty the -payment of a debt which M. Franceschi proposed to contract. To render such overture binding as a contract of guaranty, reasonable notice must be given that it is accepted as such, and credit given on the faith of it. — Lawson v. Towns, *2922 Ala. 373 ; Russell v. Clark, 7 Cranch, 69 ; Walker v. Forbes, 25 Ala. 139; Mussey v. Rayner, 22 Pick. 224; McIver v. Richardson, 1 Maule & Sel. 557 ; Beckman v. Hale, 17 Johns. 134 ; Dale v. Young, 24 Pick. 250 ; also, Chitty on Contracts, 8th American…
2Cases cited5 opinions
- Russell v. Clark's ExecutorsSupreme Court of the United States · 1812
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Walker v. ForbesSupreme Court of Alabama · 1854
- Beekman v. HaleNew York Supreme Court · 1819
- Lawson v. Townes, Oliver & Co.Supreme Court of Alabama · 1841
3Cited by14 opinions
- J. R. Watkins Co. v. HillSupreme Court of Alabama · 1926
- Crawford v. Chattanooga Savings BankSupreme Court of Alabama · 1917
- Shur-Gain Feed Div. v. Huntsville ProductionCourt of Civil Appeals of Alabama · 1979
- Wills v. FoltzWest Virginia Supreme Court · 1907
- Electric Storage Battery Co. v. BlackWisconsin Supreme Court · 1965
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