Oliver v. Hire
Supreme Court of Alabama
Error to the Circuit Court of Macon. Before the Hon. Geo. Goldthwaite. Action of assumpsit. The facts appear in the opinion of the court. 1. The question, whether a promise is original or collateral, depends not so much on the particular words of the promise, as on the circumstances of each case, and the general features of the transaction. Chit, on Con. 508, last ed.; Pit-man on Pr. and S, 40; Law Lib. 35, and note 9; Bell v. Bruen, 1 How.
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Error to the Circuit Court of Macon. Before the Hon. Geo. Goldthwaite. Action of assumpsit. The facts appear in the opinion of the court. 1. The question, whether a promise is original or collateral, depends not so much on the particular words of the promise, as on the circumstances of each case, and the general features of the transaction. Chit, on Con. 508, last ed.; Pit-man on Pr. and S, 40; Law Lib. 35, and note 9; Bell v. Bruen, 1 How. U. S. 169. 2. It is insisted, that in this case, the promise is prima fade collateral, and consequently, that the court erred both in refusing, and giving…
1Opinion of the CourtChilton, J.
The plaintiff in error, who was the defendant below, was sued upon a writing as follows:
*592“Sparta, Jane 17th, 1839. Messrs. Hire & Le Barron: Gentlemen: If you will let Mr. Baggett have on account of A. J. Forest, one hundred dollars worth of groceries, I will pay the same when I come to Pensacola, which will be shortly. Your attention to the above will be thankfully received. Please let him have at cash prices. Yours, respectfully, (Signed) Whiting Olivee.”
The above writing having been read to the jury, the counsel for the defendant below asked the court to charge, that the undertaking…
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