Griel & Bro. v. Solomon
Supreme Court of Alabama
Appeal from tbe City Court of Montgomery. Tried before tbe Hon. Thos. M. Arrington. This action was brought by N Griel & Brother, suing as partners, against “J. F. Solomon,” as tbe defendant’s name was written in the summons and complaint; and was commenced on the 26th January, 1884. The complaint contained only the common counts, each of which alleged an indebtedness accruing “on, to-wit, the 22d day of December, 1876.” The defendant pleaded in abatement, that his name was…
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Appeal from tbe City Court of Montgomery. Tried before tbe Hon. Thos. M. Arrington. This action was brought by N Griel & Brother, suing as partners, against “J. F. Solomon,” as tbe defendant’s name was written in the summons and complaint; and was commenced on the 26th January, 1884. The complaint contained only the common counts, each of which alleged an indebtedness accruing “on, to-wit, the 22d day of December, 1876.” The defendant pleaded in abatement, that his name was Jacob Schley Solomon, and that he was never known or called J. F. Solomon ; which plea was struck from the files, on…
1Opinion of the CourtSomerville, J.
— The suit is one on the common counts, brought by the plaintiffs against the defendant, Solomon, who is a discharged bankrupt, and pleads his discharge as a defense to the action. The main points of controversy arise on the alleged promises of the defendant to pay the debt, after the adjudication of bankruptcy, and before the discharge, and the character of the promise required to revive a discharged debt.
1. It was proposed by the plaintiffs to prove, that the defendant promised to pay the debt sued on, during the time elapsing between the date of his adjudication as a bankrupt and the date…
2Cases cited12 opinions
- Allen & Co. v. FergusonSupreme Court of the United States · 1874
- Evans v. CareySupreme Court of Alabama · 1856
- Wolffe v. EberleinSupreme Court of Alabama · 1883
- Knapp v. HoytSupreme Court of Iowa · 1881
- Pitts v. CurtisSupreme Court of Alabama · 1842
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3Cited by15 opinions
- Holczstein v. Bessemer Trust & Savings BankSupreme Court of Alabama · 1931
- Torry v. KraussSupreme Court of Alabama · 1907
- Hess v. CommissionerUnited States Tax Court · 1946
- Harvey v. BodmanSupreme Court of Alabama · 1925
- Farmers & Merchants Bank v. RichardsMissouri Court of Appeals · 1906
10 more not listed; retrieve them via the Exa API.