Mason v. Hall
Supreme Court of Alabama
Appeal from the Circuit Court of Monroe. Tried before tbe Hon. C. W. Rapier. The complaint in tbis case was in these words : “Lucy H. Masons The plaintiff claims of the defend-vs. >ant $155, due for the hire of a negro Thomas Hall. J man, named Ambrose, for the year 1854; which sum of money, with the interest thereon, is now due.”
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Appeal from the Circuit Court of Monroe. Tried before tbe Hon. C. W. Rapier. The complaint in tbis case was in these words : “Lucy H. Masons The plaintiff claims of the defend-vs. >ant $155, due for the hire of a negro Thomas Hall. J man, named Ambrose, for the year 1854; which sum of money, with the interest thereon, is now due.” “On the trial,” as the bill of exceptions states, “the plaintiff introduced proof to show that, on 1st January, 1854, she hired a negro man to James Hall for the term of one year, for $155, and took from him a note, with security, for said sum of money. It was…
1Opinion of the CourtWalker, J.
There are three questions in this case: 1st, whether a promise by one to pay the debt of another, made upon a new and valuable consideration beneficial to the promisor, is within the statute of frauds ; 2d, whether a suit can be maintained upon such a promise by him for whose benefit it was made; 3d, whether, if suit can be maintained upon such a promise, the declaration may be upon the promise made to the plaintiff’s debtor, describing it as if it had been made to himself.
The first of those three questions is clearly settled in the negative by the previous decisions of this court. — McKenzie…
2Cases cited10 opinions
- Barker v. BucklinNew York Supreme Court · 1846
- Arnold v. LymanMassachusetts Supreme Judicial Court · 1821
- Huckabee v. MaySupreme Court of Alabama · 1848
- Hitchcock v. LukensSupreme Court of Alabama · 1838
- Evans v. CareySupreme Court of Alabama · 1856
5 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Spann v. Cochran & EwingTexas Supreme Court · 1885
- MUTUAL BENEFIT HEALTH & A. ASS'N OF OMAHA v. BullardSupreme Court of Alabama · 1960
- Henry v. Murphy & Co.Supreme Court of Alabama · 1875
- Tillis v. FolmarSupreme Court of Alabama · 1906
- Dryer v. LewisSupreme Court of Alabama · 1877
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