Dantzler v. Scheuer
Supreme Court of Alabama
Appeal from Circuit Court, Autauga County ; Leon McCord, Judge. Suit by Harry Scheuer against S. D. Dantzler. From judgment for plaintiff, defendant appeals.
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Appeal from Circuit Court, Autauga County ; Leon McCord, Judge. Suit by Harry Scheuer against S. D. Dantzler. From judgment for plaintiff, defendant appeals. Transferred from Court of Appeals under section 6, p. 449, Acts 1911. Suit by appellee against appellant, claiming the sum of $137.17, due by five promissory notes made by defendant (appellant) on March 21, 1916, payable as follows: October 25, 1916, $27.84; December 25, 1916, $27.84; March 25, 1917, $27.83; May 25, 1917, $27.83; and August 25, 1917, $27.83, with an additional sum as an attorney’s fee. The defendant interposed the…
1Opinion of the CourtGardner, J.
The action of the court in sustaining the demurrer to the defendant’s plea constitutes the only question presented upon this appeal.
[1, 2] It is settled law that after the debtor has been adjudged a bankrupt, he may, by a new promise to pay the original debt, if clear, distinct, and unequivocal, become liable therefor in an action at law. “Such a promise may be either absolute, or it may be conditional. But, if dependent on a condition or contingency, this fact must be stated by the pleader; and it must be averred and proved that the condition has been performed, or the contingency i has…
2Cases cited1 opinion
- Torry v. KraussSupreme Court of Alabama · 1907
3Cited by9 opinions
- Rhodes v. SchofieldSupreme Court of Alabama · 1955
- First Nat. Bank of Birmingham v. JaffeSupreme Court of Alabama · 1940
- Downing v. WilliamsSupreme Court of Alabama · 1939
- Hess v. CommissionerUnited States Tax Court · 1946
- Shaddix v. BilbroSupreme Court of Alabama · 1930
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