Guin v. Grasselli Chemical Co.
Supreme Court of Alabama
Appeal from Lamar Circuit Court. Heard before Hon. Bernard Harwood. Assumpsit by Grasselli Chemical Co. against J. C. Guin and another. Judgment for plaintiff and defendants appeal. The plaintiff stated his case in several counts based on promissory notes, and on the common count.
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Appeal from Lamar Circuit Court. Heard before Hon. Bernard Harwood. Assumpsit by Grasselli Chemical Co. against J. C. Guin and another. Judgment for plaintiff and defendants appeal. The plaintiff stated his case in several counts based on promissory notes, and on the common count. J. C. Guin filed separate pleas, as follows: “The defendant J. C. Guin for answer to complaint says that the notes upon which action was founded were not executed by him, or by any one authorized to bind him in the premises, and he makes oath that this is true.” The plea was verified in the usual form. Plea 10: “J.…
1Opinion of the Court
ANDERSON, C. J.(1) Defendant J. C. Guin’s plea D was a good plea of non est factum and was in Code form and was a good answer to the counts on the notes, and the trial conrt erred in sustaining the demurrer to same.(2) Plea 10, by J. C. Guin, denying the partnership, was to each count separately and severally, and, whether a good defense or not to the counts on the notes (Bank of Waynesboro v. Healing Springs Company, 163 Ala. 495, 50 South. 882), was good to the common counts, and the trial court erred in sustaining the demurrer to same. We cannot say that the defendant J. C. Guin got the…
2Cases cited5 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Woods v. Montevallo Coal & Transportation Co.Supreme Court of Alabama · 1887
- Tennessee Coal, Iron & Railroad v. LinnSupreme Court of Alabama · 1898
- Steed v. BarnhillSupreme Court of Alabama · 1881
- Bank of Waynesboro v. Healing Springs Merc. Co.Supreme Court of Alabama · 1909
3Cited by5 opinions
- Donald v. ReynoldsSupreme Court of Alabama · 1934
- Cooper v. CooperSupreme Court of Alabama · 1972
- Eggleston v. WilsonSupreme Court of Alabama · 1924
- Ex Parte DriverSupreme Court of Alabama · 1951
- Pryor v. Hale-Halsell Grocery Co.Court of Appeals for the Tenth Circuit · 1936