Clark v. Jones & Brother
Supreme Court of Alabama
Appeal from'the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by W. B. Jones & Brother, suing as partners, against Henry W. Clark, and was commenced on the 17th September, 1886. The complaint contained only the common counts, claiming $500 “due from defendant by account on 1st January, 1886, for money loaned by plaintiffs to him, and the like sum, due on said 1st January, 1886, for merchandise, goods and chattels sold by…
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Appeal from'the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by W. B. Jones & Brother, suing as partners, against Henry W. Clark, and was commenced on the 17th September, 1886. The complaint contained only the common counts, claiming $500 “due from defendant by account on 1st January, 1886, for money loaned by plaintiffs to him, and the like sum, due on said 1st January, 1886, for merchandise, goods and chattels sold by plaintiffs to him during the year 1885.” The defendant pleaded the general issue, the statute of frauds, and payment; and issue…
1Opinion of the CourtClopton, J.
The instructions of the court based the liability of defendant for the price of the goods, to recover which appellees bring this action, on two hypotheses: first, as the real and sole purchaser; second, as a member of a partnership for whom the goods were bought. As to the first ground of liability, the contestation is, whether the promise of the defendant to pay for the goods comes within the provision of the statute of frauds relating to “every special promise to answer for the debt, default, or miscarriage of another.” In solving this question, the main and decisive inquiry is, Was the…
2Cases cited6 opinions
- Sanford v. HowardSupreme Court of Alabama · 1857
- Boykin v. Dohlonde & Co.Supreme Court of Alabama · 1861
- Duramus v. HarrisonSupreme Court of Alabama · 1855
- McCulloch v. JuddSupreme Court of Alabama · 1852
- Ledlow v. BectonSupreme Court of Alabama · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Harrill v. DavisCourt of Appeals for the Eighth Circuit · 1909
- Strouse v. EltingSupreme Court of Alabama · 1895
- Duke v. TaylorSupreme Court of Florida · 1896
- Webb v. Hawkins Lumber Co.Supreme Court of Alabama · 1893
- Birmingham Loan & Auction Co. v. First National BankSupreme Court of Alabama · 1893
21 more not listed; retrieve them via the Exa API.