Williams v. Sims
Supreme Court of Alabama
ERROR to tbe Circuit Court of Sumter. Tried before tbe Hon. B, W. HtjNtiNGTON. Sims sued Williams before a justice of the peace, upon a written instrument, of wbicb tbe following is a copy : “Due on tbe first day of January, 1852, Tbomas Sims, twenty-six dollars, to be paid in solvent notes and accounts of other men. November 18, 1851. (Signed) James 0. Williams.”
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ERROR to tbe Circuit Court of Sumter. Tried before tbe Hon. B, W. HtjNtiNGTON. Sims sued Williams before a justice of the peace, upon a written instrument, of wbicb tbe following is a copy : “Due on tbe first day of January, 1852, Tbomas Sims, twenty-six dollars, to be paid in solvent notes and accounts of other men. November 18, 1851. (Signed) James 0. Williams.” Plaintiff proved, that after tbe first of January, 1852, be demanded of defendant payment either in solvent notes and accounts on other men, or money, and here rested bis cause. Defendant proved, that be gave tbe note in suit to tbe…
1Opinion of the CourtPhelan, J.
The charge of the court, by necessary implication, asserts the doctrine, that one man may make another Ms debtor without that other’s consent.
If the giving of this note by James 0. Williams to Sims, in payment of the debt of Byrd Williams, and the taking of the receipt from Sims in favor of Byrd Williams, which was not delivered to him nor taken with his consent, will render James 0. Williams liable to Sims on this note, then it follows, as a necessary consequence, that James 0. is allowed to make Byrd Williams his debtor, without the consent of the latter. If this note be recoverable by…
2Cases cited2 opinions
- Beall & Co. v. RidgewaySupreme Court of Alabama · 1850
- Wilson v. JonesSupreme Court of Alabama · 1845
3Cited by12 opinions
- Rutledge's Adm'r v. Townsend, Crane & Co.Supreme Court of Alabama · 1863
- Gilmer's Legatees v. Gilmer's ExecutorsSupreme Court of Alabama · 1868
- Underwood v. LovelaceSupreme Court of Alabama · 1878
- Hale v. Huston, Sims & Co.Supreme Court of Alabama · 1870
- Hoskins v. BlackCourt of Appeals of Kentucky · 1920
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