Graves v. Shulman
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. At the spring term, 1875, of the Circuit Court of Montgomery county, Louis Shulman, Louis Goetter and David Weil, partners under the firm name and style of Shulman,. Goetter & Weil, filed against W. D. Graves the following complaint: “ The plaintiffs claim of the defendant one hundred and seventy 85-100 dollars, due by promissory note made by him on the 27th day of November, 1873, and payable…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. At the spring term, 1875, of the Circuit Court of Montgomery county, Louis Shulman, Louis Goetter and David Weil, partners under the firm name and style of Shulman,. Goetter & Weil, filed against W. D. Graves the following complaint: “ The plaintiffs claim of the defendant one hundred and seventy 85-100 dollars, due by promissory note made by him on the 27th day of November, 1873, and payable on the 28th day of November, 1873, with interest thereon, payable at the office of the plaintiffs at their office in…
1Opinion of the Court
MANNING, J.—
The plea in effect alleges that one Mead being indebted to defendant by a note made by him and *407another, which had become the property of defendant, and being willing and about to secure the payment thereof by a mortgage to him of some property, appellees, the plaintiffs in the Circuit Court, to whom also said Mead was then indebted, and of whom he proposed to purchase other goods during the current year, agreed with said Mead and defendant, that in consideration that Mead would and did execute a. mortgage of the same and other property to plaintiffs, to secure payment to them of…
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