Webb v. J. R. Lowe & Co.

It is a complete defense to an action on a promissory note that one or more of the items entering into the consideration of the note were based upon sales or other transactions in violation of law. Wadsworth v. Dunnam, 117 Ala. 661, 668, 23 So. 699. And the doctrine has been feeog-nized in this state that a demand based upon an account stated “is essentially the same as if a promissory note had been given for the balance,” and that “the recovery is upon the assent to the balance, and the subsequent agreement to pay that balance, as if upon a promissory note.” Loventhal v. Morris, 103 Ala.…