Bessemer Savings Bank v. Rosenbaum Grocery Co.
Supreme Court of Alabama
Appeal from the City Court of Bessemer. Tried, before the Hon. B. C. Jones. - This was an action of assumpsit, brought by the Bessemer Savings Bank against the Rosenbaum Grocery Company, a partnership composed of Samuel I. Rosenbaum and Jacob Rosenbaum.
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Appeal from the City Court of Bessemer. Tried, before the Hon. B. C. Jones. - This was an action of assumpsit, brought by the Bessemer Savings Bank against the Rosenbaum Grocery Company, a partnership composed of Samuel I. Rosenbaum and Jacob Rosenbaum. The complaint as amended was in words and figures as follows: “The plaintiff claims of the defendant the sum of one hundred and twenty-nine dollars and four cents ($129.04), with the interest-thereon from the 20th. day of November, 1901, for this: that Sapp and Hagler, a recent partnership were indebted to the plaintiffs in-the..sum of one…
1Opinion of the CourtTyson, J.
The complaint, which comprises a sim gle count, seems to count on two promises by defendants to pay the debts of Sapp; & 1-Iagicr — one made by them to Sapp & Haglcr in consideration of a sale of their business to them and the other made to Willis & Edwards in consideration of their purchase of the assets formerly in the name of Sapp & Hagler from them. The first of *534th,ese promises is not alleged.bo be in writing expressing •the consideration, while the second is shown to be in writing which writing is set out in haec verba. This ■second promise may be entirely eliminated, and the count would…
2Cases cited11 opinions
- Henry v. Murphy & Co.Supreme Court of Alabama · 1875
- Mason v. HallSupreme Court of Alabama · 1857
- Coleman & Carroll v. Hatcher & BrannonSupreme Court of Alabama · 1884
- Young v. HawkinsSupreme Court of Alabama · 1883
- Burkham v. MastinSupreme Court of Alabama · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Dickerson v. FinleySupreme Court of Alabama · 1908
- Western Union Telegraph Co. v. HughstonSupreme Court of Alabama · 1914