DeLeon v. Walters
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Assumpsit by C. M. Walter against A. C. Deleon. Judgment for plaintiff, and defendant appeals.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Assumpsit by C. M. Walter against A. C. Deleon. Judgment for plaintiff, and defendant appeals. The fourth plea is in the following language: “Because the note upon which said suit is based was giren by defendant to plaintiff as the premium of policy of life insurance which plaintiff was to furnish within a reasonable time, and which plaintiff did not furnish, and thereby breaching the contract under which said note was given, and that plaintiff recognized such failure of consideration and breach of contract, and waived…
1Opinion of the CourtEvans, J.
This is an action upon a promissory note, commenced in a justice of the peace court. A plea to the jurisdiction on the ground that defendant was a consul general of a foreign power was there interposed. Judgment was rendered in favor of plaintiff, and defendant appealed to the law and equity court of Mobile, where the same plea to the jurisdiction of the pern son of defendant was filed, and a general demurrer to said plea was filed, and was sustained by the court. Five pleas to the merits of the case were then filed, and the court sustained a demurrer to the fourth plea. The court sustained a…
2Cases cited7 opinions
- Börs v. PrestonSupreme Court of the United States · 1884
- Davis v. PackardSupreme Court of the United States · 1833
- Ryall v. AllenSupreme Court of Alabama · 1904
- Valarino v. . ThompsonNew York Court of Appeals · 1853
- Miller v. Van Loben SelsCalifornia Supreme Court · 1885
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3Cited by8 opinions
- State of Florida v. SullivanSupreme Court of Florida · 1928
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- Ventress v. Town of ClaytonSupreme Court of Alabama · 1910
- Illinois Commerce Commission v. SalamieAppellate Court of Illinois · 1977
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