Day v. Adcock
Alabama Court of Appeals
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Assumpsit by Luther Adcock against D. W. Day. Judgment for plaintiff and defendant appeals. Refusal of the court to give the several affirmative charges requested by appellant was error. — Webb v. Hawkins L. Go., 101 Ala. 630; Fuller v. Gray, 116 Ala. 238; Gaoneron v. Haas Bros.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Assumpsit by Luther Adcock against D. W. Day. Judgment for plaintiff and defendant appeals. Refusal of the court to give the several affirmative charges requested by appellant was error. — Webb v. Hawkins L. Go., 101 Ala. 630; Fuller v. Gray, 116 Ala. 238; Gaoneron v. Haas Bros. P. Go., 57 South. 388; subd. 3, sec. 4289, Codb 1907. On these authorities it is insisted that the other rulings of the court complained of were error. The questions presented were for the jury and not for the court, and hence, there was no…
1Opinion of the CourtThomas, J.
“When * * * an action is brought against one, charging him with the' value of goods delivered to another, and on his promise to pay, and it is set up in defense that the promise was to pay the debt of another, and was not in writing, the decisive question is: To whom was the credit gvien? If the credit was given solely to the defendant (that is, if the goods were really sold to him, though delivered to another), the statute is then out of the case. But, if the whole credit was not given to the defendant (that is to say, if any credit at all was given to the party receiving the goods), the…
2Cases cited18 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Boykin v. Dohlonde & Co.Supreme Court of Alabama · 1861
- Tabler, Crudup & Co. v. Sheffield Land, Iron & Coal Co.Supreme Court of Alabama · 1888
- Strouse v. EltingSupreme Court of Alabama · 1895
- Bates v. HarteSupreme Court of Alabama · 1899
13 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- American Casualty Company of Reading, Pa. v. DevineSupreme Court of Alabama · 1963
- Shepherd v. Butcher Tool & Hardware Co.Supreme Court of Alabama · 1916
- Collier v. BrownLouisiana Court of Appeal · 1932
- Custom Contract Co. v. NimsLouisiana Court of Appeal · 1962
- Hogan v. ColleySupreme Court of Alabama · 1933
6 more not listed; retrieve them via the Exa API.