Legal Opinion

Wheeler v. Krohn, Fechheimer & Co.

Alabama Court of Appeals

Decided December 18, 1913PublishedCited by 2 opinions

Appeal from Anniston City Court. Heard before Hon. Ti-iomas W. Coleman, Jr. Assumpsit by Krohn, Fecbbeimer & Co. against John T. Wheeler, upon bis contract of guaranty. Judgment for plaintiff and defendant appeals.

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Appeal from Anniston City Court. Heard before Hon. Ti-iomas W. Coleman, Jr. Assumpsit by Krohn, Fecbbeimer & Co. against John T. Wheeler, upon bis contract of guaranty. Judgment for plaintiff and defendant appeals. To charge a guarantor it is necessary that be should be notified within a reasonable time of its acceptance, and that credit be given within a reasonable time. — Lawson v. Tenon, 2 Ala. 373; Fay v. Hall, 25 Ala. 704; Walker v. Forbes. 25 Ala. 147; Davis 8. M. v. Richards, 115 U. S. 524. Under these authorities count 7 was subject to the demurrers. The count is also defective for…

1Opinion of the Court

PELHAM, J. —

The claim' asserted by appellees in their .suit, as plaintiffs in the court below, is based on a written guaranty alleged to have been given to them by the appellant to secure the payment of goods sold *411by the appellees in the due course of business to H. N. Wheeler, the son of the appellant; appellees being wholesale merchants engaged in the manufacture and sale of shoes, and located at Cincinnati, Ohio, and H. N. Wheeler being a retail merchant doing business in Anniston, Alabama, The guaranty sued upon and set out in the pleadings is dated at Anniston, Ala., September 23-, 1909,…

2Cases cited13 opinions

  1. Roehm v. HorstSupreme Court of the United States · 1900
  2. Davis Sewing MacHine Co. v. RichardsSupreme Court of the United States · 1885
  3. Gould v. Cates Chair Co.Supreme Court of Alabama · 1906
  4. Manier & Co. v. ApplingSupreme Court of Alabama · 1896
  5. Cooke v. OrneIllinois Supreme Court · 1865

8 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
  2. Schaffran v. Mt. Vernon-Woodberry Mills, Inc.Court of Appeals for the Third Circuit · 1934

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