Wadsworth v. Dunnam
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby. Tried before the Hon. George E. Brewer. This action was brought by the appellees against the appellant; and counted upon eight promissory notes, executed by the defendant to the plaintiffs. This is the second appeal in the case. After the remandment of the cause, the defendant filed several pleas, setting up as a defense want of consideration and failure of consideration.
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Appeal from the Circuit Court of Shelby. Tried before the Hon. George E. Brewer. This action was brought by the appellees against the appellant; and counted upon eight promissory notes, executed by the defendant to the plaintiffs. This is the second appeal in the case. After the remandment of the cause, the defendant filed several pleas, setting up as a defense want of consideration and failure of consideration. There were among the number of special pleas filed two pleas, the substance of which is sufficiently stated in the opinion. The demurrers to these pleas, the grounds of which are also…
1Opinion of the CourtBrickell, C. J.
When the case was before the court at a former term (Wadsworth v. Dunnam, 98 Ala. 610), the only plea was, that the promissory notes, the foundation of the action, were given on the settlement of an account for goods sold and delivered, containing items of charge for the price of Ginseng Cordial, an intoxicating liquor, the sale of which was prohibited by a local statute of force, at the time, within the locality of the sale. Upon the reversal of the former judgment and the remandment of the cause, the defendant filed several additional pleas, to two of which demurrers were interposed and…
2Cases cited14 opinions
- Griffith v. StateSupreme Court of Alabama · 1891
- Pettit's Adm'r v. Pettit's DistributeesSupreme Court of Alabama · 1858
- White v. StateSupreme Court of Alabama · 1888
- Carl v. StateSupreme Court of Alabama · 1888
- Burns & Co. v. Moore & McGeeSupreme Court of Alabama · 1884
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3Cited by28 opinions
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- Beauvoir Club v. StateSupreme Court of Alabama · 1907
- Stanard v. Sampson Et Ux.Supreme Court of Oklahoma · 1909
- Parke, Davis & Co. v. MullettSupreme Court of Missouri · 1912
- Armstrong v. WalkerSupreme Court of Alabama · 1917
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