Lee's Adm'rs v. Fontaine
Supreme Court of Alabama
Error to the Circuit Court of Sumter. This was an action of assumpsit at the suit of the defend-* ants in error. The declaration contains eight counts, the three first of which are on a promissory note for the sum of $3,623 18, dated the 26th June, 1837, and payable the 1st March next thereafter; the other counts all charge a liability without reference to any writing, and are sufficiently comprehensive to tolerate a recovery, if the proof authorizes it.
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Error to the Circuit Court of Sumter. This was an action of assumpsit at the suit of the defend-* ants in error. The declaration contains eight counts, the three first of which are on a promissory note for the sum of $3,623 18, dated the 26th June, 1837, and payable the 1st March next thereafter; the other counts all charge a liability without reference to any writing, and are sufficiently comprehensive to tolerate a recovery, if the proof authorizes it. The defendants denied by plea, verified by their oath, that their intestate made the note in the declaration, and to the other counts…
1Opinion of the CourtCollier, C. J.
The first charge given to the jury, merely affirms that if A., L. & Co. received the assets of A. &, T. under an agreement with T., to pay their debts, “it was a sufficient undertaking, and not within the statute of frauds, as to any thing involved in this case.” Such a contract is not obnoxious to that provision of the statute of frauds which declares, to “no action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person.” The testimony which induced this charge is thus stated in the bill of exceptions: “ The…
2Cases cited11 opinions
- Farley v. ClevelandNew York Supreme Court · 1825
- Greenwood v. CurtisMassachusetts Supreme Judicial Court · 1810
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1814
- Emerson v. Providence Hat Manufacturing Co.Massachusetts Supreme Judicial Court · 1815
- Goodenow v. TylerMassachusetts Supreme Judicial Court · 1810
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3Cited by19 opinions
- Boyd v. BeckSupreme Court of Alabama · 1857
- Westmoreland v. PorterSupreme Court of Alabama · 1883
- Myatts & Moore v. BellSupreme Court of Alabama · 1867
- Birmingham News Co. v. Birmingham Printing Co.Supreme Court of Alabama · 1923
- Lang's Heirs v. WaringSupreme Court of Alabama · 1850
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