Moses v. Lawrence County Bank
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT,OF ALABAMA. This was an action, brought April 16, 1888, by a national bank, organized under the acts of Congress, and doing business in and a citizen of Pennsylvania, against six persons, citizens of Alabama and residing in the Middle District of Alabama, to recover- the amount due on a guaranty of a promissory note.
Read the full summary
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT,OF ALABAMA. This was an action, brought April 16, 1888, by a national bank, organized under the acts of Congress, and doing business in and a citizen of Pennsylvania, against six persons, citizens of Alabama and residing in the Middle District of Alabama, to recover- the amount due on a guaranty of a promissory note. The complaint alleged that, on August 15, 1887, the Sheffield Eurnace Company, an Alabama corporation, made a promissory note for $12,111.51, payable to its own order four months after date' at the banking…
1Opinion of the CourtJustice Gray
By the statute of frauds of Alabama, a special promise to answer for the debt, default or miscarriage of another is void, “ unless such agreement, or some note or memorandum thereof, expressing the consideration,” is in writing, and subscribed by or in behalf of the party to be charged. Alabama Code of 1887, § 1732. The words “value received,” or acknowledging the receipt of one dollar, sufficiently express a consideration. Neal v. Smith, 5 Alabama, 568; Bolling v. Munchus, 65 Alabama, 558.
Every negotiable promissory note, even if not purporting to be “ for value received,” imports a…
2Cases cited14 opinions
- Mandeville v. WelchSupreme Court of the United States · 1820
- Leonard v. VredenburghNew York Supreme Court · 1811
- Brashear v. WestSupreme Court of the United States · 1833
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- D'Wolf v. RabaudSupreme Court of the United States · 1828
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Spittler v. NicolaNebraska Supreme Court · 1992
- Burns Mortgage Co. v. FriedSupreme Court of the United States · 1934
- Leach v. UrschelSupreme Court of Kansas · 1923
- Merritt v. CoffinSupreme Court of Alabama · 1907
- Dilworth v. Holmes Furniture & V. Co.Supreme Court of Alabama · 1913
14 more not listed; retrieve them via the Exa API.