Jolley v. Walker's Adm'rs
Supreme Court of Alabama
Eebor from the Circuit Court of Madison. Tried before tbeHon. Thomas A. Walker. Assumpsit by the administrators of Jeremiah W. Walker, deceased, against Benjamin Jolley, on the following cause of. action, as endorsed on the writ: “That in and .before the year 1842, Messrs.
Read the full summary
Eebor from the Circuit Court of Madison. Tried before tbeHon. Thomas A. Walker. Assumpsit by the administrators of Jeremiah W. Walker, deceased, against Benjamin Jolley, on the following cause of. action, as endorsed on the writ: “That in and .before the year 1842, Messrs. Stokes & Purdom were contractors of a mail stage line, upon which the said Jeremiah W. Walker in bis lifetime lived ; the defendant, on the 16th day of April, 1842, by his written instrument of that date, promised the said Walker, who was then living, that he would see the said Walker paid for keeping the horses and drivers…
1Opinion of the CourtRice, J.
—Upon an examination of the letter of Jolley to Walker, we construe the’words “I will see you paid,” as therein used, to mean I will pay you.—Birkmyr v. Darnell, 1 Smith’s Leading Cases. 316; Scott v. Myatt, 24 Ala. 489.—The promise contained in that letter, according to our judgment, is not an undertaking to pay the debt of another. We will state some of the reasons which impel us to that conclusion.
That promise and its acceptance byW alker either discharged the debt of Stokes & Purdom, or did not discharge it. We will first consider the transaction upon the hypothesis, that it did not…
2Cases cited8 opinions
- Young & Otis v. CovellNew York Supreme Court · 1811
- Scott v. MyattSupreme Court of Alabama · 1854
- Wallis v. LongSupreme Court of Alabama · 1849
- Puckett v. BatesSupreme Court of Alabama · 1842
- Pearson v. ThomasonSupreme Court of Alabama · 1849
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Rutledge's Adm'r v. Townsend, Crane & Co.Supreme Court of Alabama · 1863
- Board of Commissioners v. Cincinnati Steam Heating Co.Indiana Supreme Court · 1891
- Abbeville Live Stock Co. v. WaldenSupreme Court of Alabama · 1923
- Hale v. Huston, Sims & Co.Supreme Court of Alabama · 1870
- J. Zimmern's Co. v. GranadeSupreme Court of Alabama · 1924
3 more not listed; retrieve them via the Exa API.