Zavello v. Reeves & Co.
Supreme Court of Alabama
Appeal, from Birmingham City Court. Heard before Hon. C. C. Nesmith. Assumpsit by J. S. Reeves & Company against BZavello. Judgment for plaintiff and defendant appeals.
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Appeal, from Birmingham City Court. Heard before Hon. C. C. Nesmith. Assumpsit by J. S. Reeves & Company against BZavello. Judgment for plaintiff and defendant appeals. The replications mentioned are as follows: “(2) For special replication to- defendant’s plea 2, plaintiffs say that on, to wit, January 1, 1906, defendants promised that if plaintiffs would lend him f500 for use in paying the consideration of a composition with his creditors in said bankruptcy proceeding, he, defendant, when said composition was confirmed, would pay plaintiffs balance of demand sued on after -deducting…
1Opinion of the CourtMcCLELLAN, J.
Appellees instituted this action against appellant November 22, 1907. The original complaint, employing the common counts, sought the recovery of $350, due on or prior to December 10, 1906. Latex*, as appears from the written agreement of counsel supplying an omission from the tx*anscx*ipt, the complaint was amended by the addition of a count “declaring on a note for about $250 which was a part of the claim of J. S. Reeves & Co., sued on herein and existed before the petition in bankruptcy was filed, and that no point is made on the date or amount of said note,” etc.
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2Cases cited4 opinions
- Western Assurance Co. v. McGlatherySupreme Court of Alabama · 1896
- Griel & Bro. v. SolomonSupreme Court of Alabama · 1886
- Torry v. KraussSupreme Court of Alabama · 1907
- Skains v. BarnesSupreme Court of Alabama · 1910
3Cited by4 opinions
- Crandall-Pettee Co. v. Jebeles & Colias Conf. Co.Supreme Court of Alabama · 1915
- Bromberg v. SelfAlabama Court of Appeals · 1918
- Conway Duncan v. F. P. KirkendallCourt of Appeals of Texas · 1919
- Peerson v. Ashcraft Cotton MillsSupreme Court of Alabama · 1917