Huckabee v. May
Supreme Court of Alabama
Error to the County Court of Greene. Assumpsit by the defendant in error. The declaration contains two special counts, and the common money counts. There was a demurrer to the two special counts, which was sustained, and a trial was had .on the money counts.
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Error to the County Court of Greene. Assumpsit by the defendant in error. The declaration contains two special counts, and the common money counts. There was a demurrer to the two special counts, which was sustained, and a trial was had .on the money counts. In the progress of the trial, a bill of exceptions was sealed, which presents the following facts: Grizzle being indebted to May in the sum of $4,000, and to Mason in the sum of $400, by note, and to various other persons in different sums, on the 17th day of August, 1840, executed and delivered to the defendant in error, a deed of land…
1Opinion of the CourtDargan, J.
Th* only question presented by the record is, will an action of assumpsit lie to recover of May the amount of the note executed by Grizzle to Mason ?
The rule of law must be considered settled, that if A promise B, to pay a third person a sum of money, and this promise is founded on a sufficient consideration, such third person may bring assumpsit on the promise.
In the case of Poole v. Dutton, 1 Venrtis, a son, who was the heir at law, promised the father, if he would not cut the timber on the estate, which the father was about to do, to raise a portion for a daughter, that he (the son) would…
2Cases cited5 opinions
- Hitchcock v. LukensSupreme Court of Alabama · 1838
- Stewart v. ConnerSupreme Court of Alabama · 1846
- Proprietors of Shapleigh v. PilsburySupreme Judicial Court of Maine · 1821
- M'Gillicuddy v. CookIndiana Supreme Court · 1839
- Winslow v. CopelandSupreme Judicial Court of Maine · 1839
3Cited by31 opinions
- MUTUAL BENEFIT HEALTH & A. ASS'N OF OMAHA v. BullardSupreme Court of Alabama · 1960
- Henry v. Murphy & Co.Supreme Court of Alabama · 1875
- Farmers' Bank & Trust Co. v. Shut & KeihnSupreme Court of Alabama · 1916
- Mason v. HallSupreme Court of Alabama · 1857
- Fite v. PearsonSupreme Court of Alabama · 1926
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