United States Fidelity & Guaranty Co. v. Charles
Supreme Court of Alabama
Axu^eal from the City Court of Montgomery. Tried before tlie Hou. A. D. Sayre. This action was upon certain promissory notes, containing a waiver of exemptions executed by one Caldwell as principal and appellees as sureties and payable to appellant.
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Axu^eal from the City Court of Montgomery. Tried before tlie Hou. A. D. Sayre. This action was upon certain promissory notes, containing a waiver of exemptions executed by one Caldwell as principal and appellees as sureties and payable to appellant. The defendants (appellee®) set up by way of special defense that 'they signed the note, as surety for said Caldwell, upon a promise or agreeinent on the part of the plaintiff not to prosecute said Caldwell for an embezzlement of which he was guilty as an employee of the Standard Building and Loan Association, the plaintiff being a surety on his…
1Opinion of the CourtDowdell, J.
The first and third pleas, to which demurrers were interposed by plaintiff and overruled by the court, set'up the illegality of the consideration of the notes sued on. These pleas aver that the notes were given in consideration of an agreement and promise made by the payee not to prosecute the principal maker of said notes, viz., one Caldwell, for the embezzlement by him. of $650 from the Standard Building & Loan Association, of Montgomery, Ala., in the employment of which company he was engaged as a bookkeeper. It is further shown by said pleas that the payee Guaranty Company was security…
2Cases cited4 opinions
- Moog v. StrangSupreme Court of Alabama · 1881
- Milton v. HadenSupreme Court of Alabama · 1858
- Bibb v. HitchcockSupreme Court of Alabama · 1873
- Wynne v. WhisenantSupreme Court of Alabama · 1860
3Cited by19 opinions
- Craft v. Standard Acc. Ins. Co.Supreme Court of Alabama · 1929
- Callaway & Truitt v. GaySupreme Court of Alabama · 1904
- National Surety Co. v. JulianSupreme Court of Alabama · 1933
- Baker v. Citizens Bank of GuntersvilleSupreme Court of Alabama · 1968
- Orman v. ScharnagelSupreme Court of Alabama · 1923
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