Lovely v. Caldwell
Supreme Court of Alabama
Error to the Circuit Court of Greene. Assumpsit commenced by original attachment by the plaintiff in error, against James H. Caldwell. Process of garnishment issued against Samuel W. Caldwell and Williamson A. Glover.
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Error to the Circuit Court of Greene. Assumpsit commenced by original attachment by the plaintiff in error, against James H. Caldwell. Process of garnishment issued against Samuel W. Caldwell and Williamson A. Glover. The latter states in his answer, that he and James H. Caldwell were partners engaged in business, and that on the 19th December, 1839, he proposed to James H. to sell his interest in the concern, either to him or to some other person; and finally agreed to buy out the interest of James H. himself, paying him therefor the sum he had put in the business, twelve hundred dollars,…
1Opinion of the Court
ORMOND, ,1.
The jury having passed on the bona Jides of the transaction and found that there was a sufficient conskL eration to support the transfer of the debt due from Glover by James H. to Samuel W. Caldwell, the only question which remains is, whether the debt was in fact transferred by what took place between the parties ? The facts were, that after the sale of the partnership interest by James H. Caldwell to Glover, the former requested the latter to pay the money to his brother ;Sanrael W. Caldwell, who was then present, to which Glover replied that it was immaterial to him to whom he…
2Cited by2 opinions
- Wheatley v. StrobeCalifornia Supreme Court · 1859
- Williams v. Hill, McLane, & Co.Supreme Court of the United States · 1857