Thompson v. Hall
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. This was an action of assumpsit by plainti^igainst the defendant in error.
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Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. This was an action of assumpsit by plainti^igainst the defendant in error. The declaration is as follows: “ For that whereas said defendant heretofore, to-wit, on the twenty-second day of March, A. D. 1842, at Mobile, to-wit, in the county aforesaid, made his certain promissory note in writing, by which said note, defendant promised to pay the plaintiff the sum of five hundred dollars, the amount of plaintiff’s account for professional services rendered the heirs of William E. Kennedy, when the estate of the said William…
1Opinion of the CourtCollier, C. J.
It is provided by the statute of Frauds, that “No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer any debt or damage out of his own estate; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person,” &e., “ unless the promise or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person by him thereunto lawfully authorised.”— Clay’s Dig. 254, § 1.…
2Cases cited5 opinions
- Violett v. PattonSupreme Court of the United States · 1809
- Lent v. PadelfordMassachusetts Supreme Judicial Court · 1813
- Click v. M'AfeeSupreme Court of Alabama · 1838
- Chamberlain v. DarringtonSupreme Court of Alabama · 1837
- Miller v. McIntyreSupreme Court of Alabama · 1846
3Cited by6 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Rigby v. NorwoodSupreme Court of Alabama · 1859
- Globe Rutgers Fire Ins. Co. v. Eureka Sawmill Co.Supreme Court of Alabama · 1933
- Underwood v. LovelaceSupreme Court of Alabama · 1878
- Georgia Home Insurance v. BoykinSupreme Court of Alabama · 1902
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