Underwood v. Lovelace
Supreme Court of Alabama
Appeal from Dallas Circuit Court. Tried before Hon. M. J. Sapp old. Lovelace brought suit against Underwood on several promissory notes which the latter had executed to him. Pleas: -want of consideration, and that the notes were given for the debt of a third person, one Butler, without any consideration therefor, on the request of plaintiff. There was a. jury trial, and verdict and judgment for the plaintiff.
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Appeal from Dallas Circuit Court. Tried before Hon. M. J. Sapp old. Lovelace brought suit against Underwood on several promissory notes which the latter had executed to him. Pleas: -want of consideration, and that the notes were given for the debt of a third person, one Butler, without any consideration therefor, on the request of plaintiff. There was a. jury trial, and verdict and judgment for the plaintiff. The evidence shows that before the breaking out of the late war, one F. G. Butler, a nephew of defendant, was employed by plaintiff, and owed him, and the firm of which plaintiff was a…
1Opinion of the CourtBbjckell, C. J.
A promise, verbal or written, to pay the debt of another, if not founded on a precedent liability, or a new consideration, will not support an action. — Hester v. Wesson, 6 Ala. 415; Beall v. Ridgway, 18 Ala. 117; Rutledge v. Townsend, 38 Ala. 712; Watson v. Reynolds, 54 Ala. 191. But if by the arrangement between the parties, the original debtor is discharged, and a new debt is created binding alone on the promissor, the promise whether verbal or written, is supported by a valuable consideration, and will be enforced. — Brown on Statute of Frauds, § 193; 2 Am. Lead. Cases, 205; Corbett v.…
2Cases cited11 opinions
- Leonard v. VredenburghNew York Supreme Court · 1811
- Rutledge's Adm'r v. Townsend, Crane & Co.Supreme Court of Alabama · 1863
- Harrison v. HicksSupreme Court of Alabama · 1835
- Williams v. SimsSupreme Court of Alabama · 1853
- Anderson v. DavisSupreme Court of Vermont · 1837
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Ware, Murphy & Co. v. Morgan & DuncanSupreme Court of Alabama · 1880
- Westmoreland v. PorterSupreme Court of Alabama · 1883
- Carlisle, Jones & Co. v. CampbellSupreme Court of Alabama · 1884
- Thornton v. GuiceSupreme Court of Alabama · 1882
- Doss v. PetersonSupreme Court of Alabama · 1886
12 more not listed; retrieve them via the Exa API.