Byrd v. Hickman
Supreme Court of Alabama
Appeal from Geneva County Court. Heard before Hon. R. D. Crawford, Special Judge. Action by P. N. Hickman against R. E. Byrd. Judgment for plaintiff, and defendant appeals.
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Appeal from Geneva County Court. Heard before Hon. R. D. Crawford, Special Judge. Action by P. N. Hickman against R. E. Byrd. Judgment for plaintiff, and defendant appeals. In addition to the pleadings had on the former appeal in this case, plaintiff filed an amendment to his complaint, consisting of the following additional counts: “(4) Plaintiff claims of the defendant the further sum of $120, with interest thereon, for that Mrs. M. J. M. Lewis, was on, to wit, during the month of May, 1906, indebted to the plaintiff in the sum of $120, due October 1st of that year, and for the purpose of…
1Opinion of the CourtMcCLELLAN, J.
This is the second appeal in the cause.—Byrd v. Hickman, 159 Ala. 505, 48 South. 669. The sole question considered and decided on that appeal was whether the agreement made by Byrd to Hickman, over the phone and not in writing, to pay, as Hickman contended, the Lewis mortgage debt to Hickman, mortgagee, was within the statute of frauds pleaded in the cause.
It is now contended, upon amended (after reversal here) counts 4 and 5, that Byrd’s alleged promise to *355the Lewises to pay their mentioned debt to Hickman,, a third person for a consideration passing from Mrs.. Lewis to Byrd or in…
2Cases cited8 opinions
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1908
- Westmoreland v. PorterSupreme Court of Alabama · 1883
- Stewart v. Goode & UlrickSupreme Court of Alabama · 1856
- Lee v. CochranSupreme Court of Alabama · 1908
- Tennesse & Coosa Railroad v. ArmstrongSupreme Court of Alabama · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ballenger v. BallengerSupreme Court of Alabama · 1921
- Rudisill Soil Pipe Co. v. Eastham Soil Pipe & Foundry Co.Supreme Court of Alabama · 1923
- Trotter Bros. v. DownsSupreme Court of Alabama · 1917
- I.H.M., Inc. v. Central Bank of MontgomerySupreme Court of Alabama · 1976
- Peruna Co. v. CommissionerUnited States Board of Tax Appeals · 1928
4 more not listed; retrieve them via the Exa API.