Lewis v. Dillard & Jones
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before Hon. James Q. Smith. This action was brought by Dillard & Jones, merchants in Montgomery, suing as late partners, against Dixon H. Lewis and his wife; was founded .on an account for goods sold and delivered by plaintiffs to defendants during the years 1872 and 1873, amounting to $513.79 : and was commenced on the 19th April, 1876. The complaint contained the common count for goods sold and delivered, and on an account…
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Appeal from the Circuit Court of Montgomery. Tried before Hon. James Q. Smith. This action was brought by Dillard & Jones, merchants in Montgomery, suing as late partners, against Dixon H. Lewis and his wife; was founded .on an account for goods sold and delivered by plaintiffs to defendants during the years 1872 and 1873, amounting to $513.79 : and was commenced on the 19th April, 1876. The complaint contained the common count for goods sold and delivered, and on an account stated; alleged that the goods sold “ were articles for the comfort and support of the household of the defendants, who…
1Opinion of the CourtBrickell, C. J.
1. There was no error in the first instruction given to the jury. Taking a note or bill, of which a pre-existing indebtedness is the consideration, is not a satisfaction of such indebtedness, if it is ta.ken upon a condition the maker tails to perform ; nor, generally, unless there is an agreement that it shall operate as a payment. — 1 Brick. *6Dig. 287, §§ 501, eb seg. In Sharp v. Burns, 35 Ala. 664, it was held, that the liability of the wife’s statutory estate, for articles of comfort and support of the household, was not relieved, because the husband had been recognized as the debtor, was…
2Cases cited11 opinions
- Gibson v. MarquisSupreme Court of Alabama · 1857
- Lee v. TannenbaumSupreme Court of Alabama · 1878
- Durden v. McWilliamsSupreme Court of Alabama · 1858
- Eskridge v. DitmarsSupreme Court of Alabama · 1874
- Warfield v. RavesiesSupreme Court of Alabama · 1863
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3Cited by2 opinions
- Lake v. Gaines & Co.Supreme Court of Alabama · 1883
- Stovall v. HamiltonAlabama Court of Appeals · 1915