Walker v. Forbes
Supreme Court of Alabama
Appeal from tbe City Court of Mobile. Tried before tbe Hon. Alex. McEjkstp.y. Assumpsit by T. & G-. Forbes, against Daniel Walker, on«a written guaranty for tbe “ultimate payment” of goods furnished by plaintiffs to one Cogburn. Tbe former report of the case (see 25 Ala. 139) discloses all the material facts as then presented; and the additional facts adduced on the second trial, after the remandment of the cause, are stated at sufficient length in the opinion of the court.
1Opinion of the CourtHice, C. J.
— Under the law of this case as settled when it was formerly here, (25 Ala. 139,) the evidence adduced on the last trial, if believed, was sufficient to establish notice of the acceptance and action upon the guaranty by the plaintiffs; Cogburn’s -insolvency at the time the debt fell due; that the use of all lawful and proper means to collect the demand of him would have been fruitless; and that the defendant sustained no injury, either by the failure to use such means, or by the failure to give him notice of the default by Cogburn; and therefore, the failure to give him notice of that default…
2Cases cited2 opinions
- Walker v. ForbesSupreme Court of Alabama · 1854
- Peake v. YeldellSupreme Court of Alabama · 1850
3Cited by11 opinions
- State Ex Rel. Wadsworth v. Southern Surety Co.Supreme Court of Alabama · 1930
- Cubbedge, Hazlehurst & Co. v. NapierSupreme Court of Alabama · 1878
- Doe ex dem. Hughes v. WilkinsonSupreme Court of Alabama · 1860
- Nelson v. Goree'r Adm'rSupreme Court of Alabama · 1859
- Equitable Life Assur. Soc. v. BrandtSupreme Court of Alabama · 1940
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