Beitman v. Steiner Bros.
Supreme Court of Alabama
Appeal from Birmingham City Court. Tried before the Hon. W. W. ‘WilkessoN. Tbis was a suit brought by Steiner Bros, against J. Beit-man to recover the amount alleged to be due on a promissory note given by defendant for certain shares of the cap • ital stock in the Birmingham, Powderly & Bessemer Railroad Company. The defendant filed nine ple^s. Demurrers were interposed to these pleas, and the present appeal presents for review the rulings of the court upon the demurrers.
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Appeal from Birmingham City Court. Tried before the Hon. W. W. ‘WilkessoN. Tbis was a suit brought by Steiner Bros, against J. Beit-man to recover the amount alleged to be due on a promissory note given by defendant for certain shares of the cap • ital stock in the Birmingham, Powderly & Bessemer Railroad Company. The defendant filed nine ple^s. Demurrers were interposed to these pleas, and the present appeal presents for review the rulings of the court upon the demurrers. The demurrer was overruled as to the second plea, and issue was joined thereon. By the first plea the defendant set up,…
1Opinion of the CourtMcCLELLAN, J.
This is an action by Steiner Bros, against Beitman. The complaint as amended contains a count on a note executed by defendant to plaintiffs and common counts for money paid, &c., for money due by account, and for money due by account stated. Of these, only the first count is important as the questions reserved for our consideration arose on the sufficiency of certain pleas which went to the cause of action laid specially therein.
The main question is presented on the following facts which are set up in the pleas and relied on as showing the absence of consideration for the promise sued on :…
2Cases cited5 opinions
- M'lanahan v. the Universal Insurance CompanySupreme Court of the United States · 1828
- Randon v. TobySupreme Court of the United States · 1851
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- Smith v. DinkelspielSupreme Court of Alabama · 1890
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