Nixon v. Woodward
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Assumpsit by H. G. Woodward against C. C. Nixon. Judgment for plaintiff, and defendant appeals. The action was on a promissory note.
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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Assumpsit by H. G. Woodward against C. C. Nixon. Judgment for plaintiff, and defendant appeals. The action was on a promissory note. The following are the pleas referred to in the opinion : “(3) " Defendant avers that at and after the time of execution of the notes suéd on there was a partnership agreement between tbe plaintiff and tbe defendant; and defendant avers that, by virtue of the partnership agreement, plaintiff lent the defendant the sum of $1,000 to be used by him as a guaranty for the Pierce-Arrow Motor Car…
1Opinion of the CourtWalker, P. J.
The averments of the third and fourth pleas,.to the effect that there was a partnership agreement between the plaintiff and the defendant, showed only the pleader’s legal conclusion, as the question as to whether the agreement had that effect is one of law for the court to pass upon when the terms of the agreement are disclosed. It is plain that the fact averred in each of those pleas of there having been no accounting between the plaintiff and the defendant was put *154forward as only one element of the matter of defense sought to be set up to this action on a promissory note, another essential…
2Cases cited2 opinions
- Morey v. MonkSupreme Court of Alabama · 1904
- King v. Ben F. Barbour Plumbing & Electric Co.Alabama Court of Appeals · 1911