Sharp v. Allgood
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. Tried before the Hon. Leroy E. Box. Appellee was applied to by one Thomas Stewart for a loan of money, and agreed to lend the amount, two hundred and fifty dollars, if said Stewart would give his note signed by his father, A. M. Stewart, and appellant.
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Appeal from the Circuit Court of Calhoun. Tried before the Hon. Leroy E. Box. Appellee was applied to by one Thomas Stewart for a loan of money, and agreed to lend the amount, two hundred and fifty dollars, if said Stewart would give his note signed by his father, A. M. Stewart, and appellant. Thomas Stewart then applied to appellant to sign the note as surety and represented to him that his father, A. M. Stewart, would sign the note ; that he, appellant, would not be held responsible, and that two names were necessary in order to enable him to get the money. The said Thomas Stewart at the…
1Opinion of the CourtStone, C. J.
It is contended for appellee that, even if the Circuit Court erred in the charges given and excepted to on the trial' of this case, that error was healed by the ruling of the court, four days later, on the motion for a new trial. There had been two pleas interposed, usury, and a special plea of non est factum. The plea of usury was unquestionably sustained. The note sued on showed on its face that interest was to be paid at the rate of 12¿ per cent. Notwithstanding this, the jury allowed to the plaintiff interest on the note from its maturity up to the trial. The defendant moved for a new…
2Cases cited14 opinions
- Pawling and Others v. The United StatesSupreme Court of the United States · 1808
- Bibb v. ReidSupreme Court of Alabama · 1841
- Firemen's Insurance v. McMillanSupreme Court of Alabama · 1856
- Lovett v. AdamsNew York Supreme Court · 1829
- Pepper v. State ex rel. HarveyIndiana Supreme Court · 1864
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3Cited by9 opinions
- Los Angeles Shipbuilding & Drydock Corporation v. United States of America, United States of America v. Los Angeles Shipbuilding & Drydock CorporationCourt of Appeals for the Ninth Circuit · 1961
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- Bank of Tallassee v. JordanSupreme Court of Alabama · 1917
- Birmingham News Co. v. MoseleySupreme Court of Alabama · 1932
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