Scott v. Myatt
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. Tried before the Hon. Thomas A. Walker. » Assumpsit by Myatt & Moore against James Scott, to recover the amount of an account of $120 for goods, wares and merchandise. On the trial, the plaintiffs proved, and read in evidence to the jury, a written order of which the following is a copy : “ Messrs. Myatt & Moore : Please let the bearer, Mr. Orr, have any little things he may stand in need of, and I shall be good for the same.
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Appeal from the Circuit Court of Perry. Tried before the Hon. Thomas A. Walker. » Assumpsit by Myatt & Moore against James Scott, to recover the amount of an account of $120 for goods, wares and merchandise. On the trial, the plaintiffs proved, and read in evidence to the jury, a written order of which the following is a copy : “ Messrs. Myatt & Moore : Please let the bearer, Mr. Orr, have any little things he may stand in need of, and I shall be good for the same. Very respectfully, January 8, 1850. James Scott.” Plaintiffs then offered testimony, tending to show tha¿ they had sold goods,…
1Opinion of the CourtGoldthwaite, J.
We must hold the writing which was the foundation of this action a direct undertaking on the part of the appellant. He engages to be “ good,” that is, responsible, to the appellees, “ for any little things Orr may stand in need of and under the decisions in Bates v. Starr, 6 Ala. 697, and Oliver v. Hire and LeBaron, 14 Ala. 590, the engagement was not a collateral, but a direct promise; and this being the case, no notice of acceptance, or demand of payment, was necessary. —Donley v. Camp, 22 Ala. 659; Matthews v. Christian, 12 S. & M. 595; Carson v. Hill, 1 Mc-Mullan 76; Whitney v. Groot, 24…
2Cases cited4 opinions
- Donley v. CampSupreme Court of Alabama · 1853
- Abercrombie v. MoselySupreme Court of Alabama · 1839
- Bates v. StarrSupreme Court of Alabama · 1844
- Oliver v. HireSupreme Court of Alabama · 1848
3Cited by23 opinions
- Manry v. Waxelbaum Co.Supreme Court of Georgia · 1899
- Goeke v. Merchants National Bank & Trust Co. of IndianapolisIndiana Court of Appeals · 1984
- Horton v. StateSupreme Court of Alabama · 1875
- Sanford v. HowardSupreme Court of Alabama · 1857
- Boykin v. Dohlonde & Co.Supreme Court of Alabama · 1861
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