Scott v. Scruggs
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried before the Hon. Hekry C. Speaee. This action was brought by Thos. M. Scruggs, against Jno. F. Scott and H. S. Freeman, and was founded on the defendants’ two promissory notes, one for $520.33, and the other for $2,081.32 ; each of said notes being dated January 4th, 1890, and payable six months after date, to the order of the plaintiff, at the First National Bank of Decatur.
Read the full summary
Appeal from the Circuit Court of Morgan. Tried before the Hon. Hekry C. Speaee. This action was brought by Thos. M. Scruggs, against Jno. F. Scott and H. S. Freeman, and was founded on the defendants’ two promissory notes, one for $520.33, and the other for $2,081.32 ; each of said notes being dated January 4th, 1890, and payable six months after date, to the order of the plaintiff, at the First National Bank of Decatur. The. action was commenced on the 21st March, 1891. The defendants jointly pleaded the general issue, and Freeman specially pleaded that he was only a surety on the notes,-…
1Opinion of the CourtColeman, J.
The authorities are uniform in holding, that any agreement supported by a valuable consideration, made by the creditor and principal debtor, without the assent of the surety, by which the debt of the principal is extended, operates a discharge of the surety. — Mobile & Montgomery R. R. Co. v. Brewer, 76 Ala. 142.
An agreement for the extension of a debt, founded upon a partial payment made after maturity, is not supported by a sufficient consideration to discharge a surety; but, if the partial payment be made before the maturity of the debt, it is sufficient to support an agreement for the…
2Cases cited6 opinions
- Branch Bank at Mobile v. ColemanSupreme Court of Alabama · 1852
- Uniontown Bank v. MacKeySupreme Court of the United States · 1891
- Summerhill v. TappSupreme Court of Alabama · 1875
- Branch of the Bank of the State v. JamesSupreme Court of Alabama · 1846
- Mobile & Montgomery Railway Co. v. BrewerSupreme Court of Alabama · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Webb v. DicksonSupreme Court of Alabama · 1964
- Scott v. McGriffSupreme Court of Alabama · 1930
- Ison Finance Co. v. GlasgowSupreme Court of Alabama · 1957
- Black v. Slocumb Mule Co.Alabama Court of Appeals · 1913
- Hattiesburg Production Credit Ass'n v. SmithMississippi Supreme Court · 1941
5 more not listed; retrieve them via the Exa API.