Fay v. Hall
Supreme Court of Alabama
Appeal from the Circuit Court of Autauga. Tried before tlie Hon. Nat. Cook. Assumpsit by Bolling Hall against Edwin Fay, on an instrument of writing, of which the following is a copy : “ Me. Hall : Sir — -At Mr. Scott’s request, I have concluded to stand his security for the hire of two boys, not exceeding $220, for the year 1847. Yours, “ Dec. 31,1846. Edwin Fay.” The declaration contained the common counts and four special counts.
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Appeal from the Circuit Court of Autauga. Tried before tlie Hon. Nat. Cook. Assumpsit by Bolling Hall against Edwin Fay, on an instrument of writing, of which the following is a copy : “ Me. Hall : Sir — -At Mr. Scott’s request, I have concluded to stand his security for the hire of two boys, not exceeding $220, for the year 1847. Yours, “ Dec. 31,1846. Edwin Fay.” The declaration contained the common counts and four special counts. The first special count alleges that, in consideration that plaintiff, at defendant’s special instance and request, “ would hire and deliver two boys for the year…
1Opinion of the CourtGoldthwaite, J.
The writing which was the foundation of the action, was, in effect, an agreement on the part of Fay to be responsible to Hall as the surety of Scott, if the latter should hire of him two slaves, for the year 1847, at a price not exceeding two hundred and twenty dollars. It is clear this was not an original undertaking on the part of Pay, as it was not founded on any new consideration between himself and Hall, and because it is evident from the words used that he did not intend to charge himself as the original debt- or. He is to stand as “ security” for Scott — in other words, to become…
2Cases cited5 opinions
- Donley v. CampSupreme Court of Alabama · 1853
- Craft v. IshamSupreme Court of Connecticut · 1838
- Howe v. NickelsSupreme Judicial Court of Maine · 1842
- Lawson v. Townes, Oliver & Co.Supreme Court of Alabama · 1841
- Carlisle v. Cahawba & Marion Rail RoadSupreme Court of Alabama · 1842
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