Posten v. Clem
Supreme Court of Alabama
Appeal from Circuit Court, Walker County ; J. J. Curtis, Judge. Action by E. H. Clem against B. B. Ptasten. Judgment for plaintiff, and defendant appeals. Transferred from the court of appeals under section 6, Acts 1911, p. 449.
1Opinion of the CourtAnderson, C. J.
[1] As we understand the question as presented by the defendant’s second plea of set-off and the plaintiff’s second replication thereto, the plea claims an indebtedness from the plaintiff to' the defendant growing out of the fact that they were co-sureties upon a note of one Thomas, principal, and payable to McAnnally, that defendant paid the note, and the plaintiff is called upon to contribute his share. The said second replication sets up a promise from the defendant to the plaintiff, his cosurety (that he told him), that if he, the plaintiff, would sign the note as cosurety, he, the…
2Cases cited6 opinions
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- Gafford v. StearnsSupreme Court of Alabama · 1874
- Brown v. AdamsSupreme Court of Alabama · 1827
- Godden v. PiersonSupreme Court of Alabama · 1868
- Lavender v. HallSupreme Court of Alabama · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Parker v. WilliamsSupreme Court of Alabama · 2007
- Newbern v. . FisherSupreme Court of North Carolina · 1930
- Wilder v. ClarkSupreme Court of Alabama · 1955
- Aderhold v. Four Seasons Travel, Inc.Supreme Court of Alabama · 1993
- Gilinsky v. KlionskyNew York Supreme Court · 1931