Rigby v. Norwood
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. E. ~W. Pettus. The complaint in this case was as follows: “ Elijah Rigby The plaintiff claims of the defend-vs. I ant the sum of $2,397 40, due by John A. Norwood, j him on the 1st January, 1857, by his guaranty, dated 1st October, 1853, of a promissory note for the sum of $1,806 81, made by James C. Norwood on the 7th March, 1850, and cine one day after the date thereof, (with a credit on said note of $300 on…
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Appeal from the Circuit Court of Dallas. Tried before the Hon. E. ~W. Pettus. The complaint in this case was as follows: “ Elijah Rigby The plaintiff claims of the defend-vs. I ant the sum of $2,397 40, due by John A. Norwood, j him on the 1st January, 1857, by his guaranty, dated 1st October, 1853, of a promissory note for the sum of $1,806 81, made by James C. Norwood on the 7th March, 1850, and cine one day after the date thereof, (with a credit on said note of $300 on the 2d December, 1850, with interest thereon from said 1st •January, 1857. “And said plaintiff complains of said…
1Opinion of the CourtStone, J.
The obligation of the defendant, which was read in evidence in this case, was a “ promise to answer for the debt, default or miscarriage of another,” within section 1551 of the Code, which declares such agreement void, “unless the agreement, or some note or memorandum thereof, expressing the consideration, is in writing, and subscribed by the party to be charged therewith, or some other person by him thereunto lawfully authorized in writing.”. — Brown v. Adams, 1 Stew. 51; Browne on the Statute of Frauds, §§ 158, 159, 160; Fay v. Hall, 25 Ala. 704; Shepherd’s Digest, 640. In the present case,…
2Cases cited7 opinions
- Violett v. PattonSupreme Court of the United States · 1809
- Donley v. CampSupreme Court of Alabama · 1853
- Brown v. AdamsSupreme Court of Alabama · 1827
- Robinson's Adm'rs v. Tipton's Adm'rSupreme Court of Alabama · 1858
- Knox v. FairSupreme Court of Alabama · 1850
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3Cited by21 opinions
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- Moog v. StrangSupreme Court of Alabama · 1881
- Luke v. Calhoun CountySupreme Court of Alabama · 1875
- Bolling v. MunchusSupreme Court of Alabama · 1880
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