Click v. M'Afee
Supreme Court of Alabama
Error to the Circuit court of Talladega county. Assumpsit on note. The plaintiff below, declared against defendant, for that on the tenth day of February previous, in the county aforesaid, said defendant made his promissory note in writing, bearing date the day and year last aforesaid, and thereby then and there promised to pay, one day after the date of said promissory note, to the order of said plaintiff, a certain sum mentioned, for that amount due him by Richard Tarrant,…
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Error to the Circuit court of Talladega county. Assumpsit on note. The plaintiff below, declared against defendant, for that on the tenth day of February previous, in the county aforesaid, said defendant made his promissory note in writing, bearing date the day and year last aforesaid, and thereby then and there promised to pay, one day after the date of said promissory note, to the order of said plaintiff, a certain sum mentioned, for that amount due him by Richard Tarrant, which amount said defendant then and there, and thereby assumed to pay unto the said plaintiff for the said Tar-rant,…
1Opinion of the CourtOrmond, J.
— Two questions arise in this case —
1st. Is this the case of a promise to pay the debt of another, within the statute of frauds?
2d. Was it the duty of the plaintiff below to have averred and proved the consideration of the promise, to entitle him to a recovery ?
That the promise made in this case, _was the promise to pay the debt of another, cannot be questioned. If it were the purchase by the plaintiff in error, of the defendant in error, of a debt of Tarrant, it is not easily conceived why there should have been any necessity for the introduction of Tarrant’s name into the contract;. nor is…
2Cases cited1 opinion
- Chamberlain v. DarringtonSupreme Court of Alabama · 1837
3Cited by7 opinions
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
- Rutledge's Adm'r v. Townsend, Crane & Co.Supreme Court of Alabama · 1863
- Underwood v. LovelaceSupreme Court of Alabama · 1878
- Nesbit v. BradfordSupreme Court of Alabama · 1844
- Thompson v. HallSupreme Court of Alabama · 1849
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