Thedford v. McClintock
Supreme Court of Alabama
Appeal from the Circuit Court of Clay. Tried before Hon. Charles Pelham. . Appellant, Thedford, sued the appellee, McClintock, upon a promissory note made on 26'th day of November, 1865. Defendant, among other pleas, pleaded the following: “3d.
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Appeal from the Circuit Court of Clay. Tried before Hon. Charles Pelham. . Appellant, Thedford, sued the appellee, McClintock, upon a promissory note made on 26'th day of November, 1865. Defendant, among other pleas, pleaded the following: “3d. That the plaintiff’s cause of action is founded on the sale of a horse by plaintiff to defendant for the purpose of using said horse in the Confederate service, of the late Confederate States, and was actually used for said purpose in said service,” &c. “4th. That the note mentioned in plaintiff’s complaint wms given in renewal of a note made by…
1Opinion of the CourtB. F. Saffold, J.
There can be no doubt that the defense set up would defeat the plaintifTs suit if sustained by the proof. The questions asked by the plaintiff) which the court would not allow to be answered, tended to elicit answers that might disprove this defense. While it would be manifestly illegal to have sold a horse to any one with the intention and purpose on the part of the seller to have it used in the Confederate service, there was no impropriety in merely selling a horse to a Confederate lieutenant. A contract, to be valid, must be founded on a consideration which is not contra bonos mores, nor…
2Cases cited2 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Oxford Iron Co. v. QuinchettSupreme Court of Alabama · 1870
3Cited by3 opinions
- Tompkins v. ComptonSupreme Court of Georgia · 1893
- Milner, Wood & Wren v. PattonSupreme Court of Alabama · 1873
- Milner, Wood & Wren v. PattonSupreme Court of Alabama · 1873