Thornton v. Guice
Supreme Court of Alabama
Appeal from Barbour Circuit Court. Tried before lion. H. D. Clayton. This action was brought by J. Gf. Gruice against J. M. Thornton, and was founded on a promissory note made by Thornton & Locke, a' partnership composed of defendant and Ann J. Locke, a married woman, who had been relieved of the disabilities of coverture, and the wife of one Win. II. Locke, for $2000, with interest from date, bearing date April 3d, 1875, and payable at six months thereafter.
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Appeal from Barbour Circuit Court. Tried before lion. H. D. Clayton. This action was brought by J. Gf. Gruice against J. M. Thornton, and was founded on a promissory note made by Thornton & Locke, a' partnership composed of defendant and Ann J. Locke, a married woman, who had been relieved of the disabilities of coverture, and the wife of one Win. II. Locke, for $2000, with interest from date, bearing date April 3d, 1875, and payable at six months thereafter. The defendant pleaded, in short by consent, (1) the general issue, (2) the statute of frauds, and (3) accord and satisfaction; and the…
1Opinion of the CourtSomerville, J.
— Under the provisions of our statutejif frauds, “every special promise to answer for the debt, default or miscarriage of (mother” is void unless it is reduced to writing, expressing the consideration, and subscribed by the party to be charged. — Code, 1876, § 2121; Rigby v. Norwood, 34 Ala. 129; Dunbar v. Smith, 66 Ala. 490.
In all cases, however, where the original debtor is entirely released or discharged, and the obligation or promise of a third person is substituted in place of that of the discharged debtor, the statute of frauds has no application, and the new debt thus *323created is…
2Cases cited9 opinions
- Putney v. FarnhamWisconsin Supreme Court · 1870
- Boykin v. Dohlonde & Co.Supreme Court of Alabama · 1861
- Mason v. HallSupreme Court of Alabama · 1857
- Young & Otis v. CovellNew York Supreme Court · 1811
- Rigby v. NorwoodSupreme Court of Alabama · 1859
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Westmoreland v. PorterSupreme Court of Alabama · 1883
- Carlisle, Jones & Co. v. CampbellSupreme Court of Alabama · 1884
- Trammell v. HudmonSupreme Court of Alabama · 1884
- Doss v. PetersonSupreme Court of Alabama · 1886
- Carter v. OdomSupreme Court of Alabama · 1898
6 more not listed; retrieve them via the Exa API.