Brown v. Adams
Supreme Court of Alabama
John Brown, jr , impleaded John Adams, in the Circuit Court of .lefferson county, in an action of as-sumpsit, and declared against him in five counts. 1 he first count charged, that on the 7"th July, 1823, in consideration that the plaintiff would, at defendant’s special instance, enter into a bond as a security for John jVI'Vvhor-ter, sheriff of said county, that he the defendant, would see to the management of the sheriffalty, and save the plaintiff harmless from all…
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John Brown, jr , impleaded John Adams, in the Circuit Court of .lefferson county, in an action of as-sumpsit, and declared against him in five counts. 1 he first count charged, that on the 7"th July, 1823, in consideration that the plaintiff would, at defendant’s special instance, enter into a bond as a security for John jVI'Vvhor-ter, sheriff of said county, that he the defendant, would see to the management of the sheriffalty, and save the plaintiff harmless from all liability he might incur by reason thereof; that he did so enter into bond, and on said account was compelled to pay a large…
1Opinion of the Court
JUDGE CRENSHAW
delivered the opinion of the Court.
-The declaration contains the common money counts, on which issue was taken to the jury, and it does not appear that this issue war. e> er disposed of; but by an arrangement between the counsel, the second assignment of error was abandoned. The inquiry at present then is, wheth r the first and second counts ate sufficient? The promise to indemnify the plaintiff against the acts of the sheriff, was clearly a promise to answer for the default or miscarriage of a third person, and by the statute of frauds and perjuries, ought to be in writing.b…
2Cited by16 opinions
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- Rutledge's Adm'r v. Townsend, Crane & Co.Supreme Court of Alabama · 1863
- State ex rel. State Bank v. HastingsWisconsin Supreme Court · 1862
- Mayor of Ensley v. HollingsworthSupreme Court of Alabama · 1910
- Rigby v. NorwoodSupreme Court of Alabama · 1859
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