Engelbert v. Taylor
Alabama Court of Appeals
Appeal from Limestone Circuit Court, Heard before Hon. H. W. Speaks. Assumpsit by F. R. Engelbert against Ella Taylor and others. Judgment for defendants and plaintiffs appeal. It is tlie duty of the court to set aside the verdict where there is no evidence to support it. — Gobb v. Malone, 92 Ala. 630. Release of a debt must be based on a valuable consideration.— 8charf v. Moore, 102 Ala. 468; M. & M. By.
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Appeal from Limestone Circuit Court, Heard before Hon. H. W. Speaks. Assumpsit by F. R. Engelbert against Ella Taylor and others. Judgment for defendants and plaintiffs appeal. It is tlie duty of the court to set aside the verdict where there is no evidence to support it. — Gobb v. Malone, 92 Ala. 630. Release of a debt must be based on a valuable consideration.— 8charf v. Moore, 102 Ala. 468; M. & M. By. Go. v. Oicen, 121 Ala. 505. Where the want of consideration is merely partial the contract is avoided only pro tanto. —Angeio v. Walden, 84 Ala. 502; 4 A. & E. Enc. of Law, 195; 6 lb. gr8.…
1Opinion of the CourtWalker, P. J.
This is a suit on one of several notes executed by the defendants to the plaintiff, all bearing the same date, but falling due at different times. The defendants pleaded the general issue, want and failure of consideration, and payment. The note sued on having been put in evidence, and the pleas of the general issue and want and failure of consideration not being supported by the evidence, the trial court, at the request of the plaintiff, gave the affirmative charges in his favor as to those pleas, but refused to give such charge requested by him as to the plea of payment, and the jury…
2Cases cited2 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Sheppard & Co. v. DowlingSupreme Court of Alabama · 1893
3Cited by3 opinions
- Hale v. LayerAlabama Court of Appeals · 1945
- Hagin v. ShoafAlabama Court of Appeals · 1913
- Morgan Plan Co., Inc. v. BeverlyAlabama Court of Appeals · 1948