Moore v. First National Bank of Florence
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale. Tried before tlie Hon. Ed. B. Almon. • This suit was brought by the appellee, the First National Bank of Florence, against the appellant, Samuel E. Moore, and was instituted on October 18, 1898. The complaint as originally filed contained two counts.
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Appeal from the Circuit Court of Lauderdale. Tried before tlie Hon. Ed. B. Almon. • This suit was brought by the appellee, the First National Bank of Florence, against the appellant, Samuel E. Moore, and was instituted on October 18, 1898. The complaint as originally filed contained two counts. The first count claimed the sum of four thousand dollars due by account stated, on, to-wit, November 1, 1893. The second count claimed the like sum under an agreement entered into between the plaintiff and defendant and one H. 0. Nichols, on or about the 6th day of March, 1893, by which plaintiff…
1Opinion of the Court
SHARPE, J. —
On a promise'.supported by a valuable consideration made by one to discharge a pecuniary obligation of the promisee to a third person, the latter if assenting, thereto^ while the promise remains in force, is entitled to sue in his own name though he may not 'ihave been otherwise a party to the contract. — Coleman v. Hatcher, 77 Ala. 217; Potts v. First National Bank, 102 Ala. 2S6; Dimmick v. Register, 92 Ala. 458; North Alabama Development Co. v. Short, 101 Ala. 333; Mason v. Hall, 30 Ala. 599; Huckabee v. May, 14 Ala. 263.
In a case so founded it is immaterial whether the…
2Cases cited8 opinions
- Union Bank of Georgetown v. GearySupreme Court of the United States · 1831
- Mason v. HallSupreme Court of Alabama · 1857
- Coleman & Carroll v. Hatcher & BrannonSupreme Court of Alabama · 1884
- Huckabee v. MaySupreme Court of Alabama · 1848
- Dimmick v. RegisterSupreme Court of Alabama · 1890
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- Copeland v. BeardSupreme Court of Alabama · 1928
- Russell v. RussellSupreme Court of Alabama · 1960
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