Oldacre v. Stuart
Supreme Court of Alabama
AppisaTj from the Circuit Court of Morgan. Tried before the Hon. II. O. Spbakio. The facts of the case are sufficiently stated in the opinion. — The note sued on in this case was without consideration and can not be enforced. — Bishop on Contracts, .§ § 77, 78. “The assumption of a supposed liability, which in truth has not a foundation is not a sufficient consideration for a valid promise — a promise upon which an action can be maintained.” — Maull v. Vauglm, 45 Ala. 134.…
Read the full summary
AppisaTj from the Circuit Court of Morgan. Tried before the Hon. II. O. Spbakio. The facts of the case are sufficiently stated in the opinion. — The note sued on in this case was without consideration and can not be enforced. — Bishop on Contracts, .§ § 77, 78. “The assumption of a supposed liability, which in truth has not a foundation is not a sufficient consideration for a valid promise — a promise upon which an action can be maintained.” — Maull v. Vauglm, 45 Ala. 134. The giving of a note and making repeated promises to pay does not prevent the debtor from insisting that there was no…
1Opinion of the CourtHaralson, J.
— Suit by appellee, plaintiff below, against appellant, tlie defendant, on a promissory note for $823.79, dated lOtli October, 1893, payable ten days after date. It was tried by and before tlie presiding judge, a jury having been waived, resulting in a finding and judgment in favor of the plaintiff.
There Avas no conflict in the evidence between the plaintiff and tlm defendant on the main question at issue. The contract out of which the note greAV Avas, that the plaintiff, avIio lived at Decatur, Alabama, should furnish, Avliich he did, fifteen hundred dollars’ Avorth of goods to defendant,…
2Cases cited7 opinions
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Ware, Murphy & Co. v. Morgan & DuncanSupreme Court of Alabama · 1880
- Maull v. VaughnSupreme Court of Alabama · 1871
- Russell v. WrightSupreme Court of Alabama · 1893
- Ezell v. KingSupreme Court of Alabama · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kennett-Murray Corporation v. John E. BoneCourt of Appeals for the Fifth Circuit · 1980
- Able v. GunterSupreme Court of Alabama · 1912
- Moody v. Terrell-Hedges Co.Alabama Court of Appeals · 1918
- Peabody School Furniture Co. v. WhitmanAlabama Court of Appeals · 1912
- Ferguson v. American Bank & Trust Co.Court of Appeals of Texas · 1927