Beall & Co. v. Ridgeway
Supreme Court of Alabama
Error, to the Cffcujt Court of Mapon. Tried before the. Hon, John John J. Woodward. This was an action of assumpsit on a promissory note made by the defendant in favor of the plaintiffs in error. The cause was tried' upon issues formed on the pleas of non assumpsit and want of consideration.
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Error, to the Cffcujt Court of Mapon. Tried before the. Hon, John John J. Woodward. This was an action of assumpsit on a promissory note made by the defendant in favor of the plaintiffs in error. The cause was tried' upon issues formed on the pleas of non assumpsit and want of consideration. On the trial, the plaintiffs having read the note in evidence, the defendant introduced as a witness one John Reese, who testified in substance, that the defendant was. his son-in-law, that the note sued on was given without his knowledge or request in settlement of' an account due by him to the…
1Opinion of the CourtChilton, J.
The record presents the case of a promise in writing, on the part, of the defendant, Ridgeway, to pay th.e*119debt of Reese, and this without any request on the part of Reese, or any consideration for such promise. The promise to pay the debt of a third person must not only be in writing, but founded on .a legal consideration, otherwise it is a nudum paciwm.and cannot be enforced if the want of consideration is shown. —Files v. McLeod, 14 Ala. 611; Thompson v. Hall, 16 ib. 204, and cases cited in these decisions.
The witness Reese was interested, but in favor of the plaintiff, p¡nd against the…
2Cases cited1 opinion
- Files v. McLeodSupreme Court of Alabama · 1848
3Cited by9 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Ware, Murphy & Co. v. Morgan & DuncanSupreme Court of Alabama · 1880
- Underwood v. LovelaceSupreme Court of Alabama · 1878
- Bank of Carrollton, Miss. v. LattingSupreme Court of Oklahoma · 1913
- Richardson Bros. & Co. v. FieldsSupreme Court of Alabama · 1899
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