Strouse v. Elting
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale. Tried before the Hon. JAMES J. BANKS. This action was brought by the appellants, D. B. Strouse and T. J. Shickel against N. C. Elting. The complaint contained five counts.
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Appeal from the Circuit Court of Lauderdale. Tried before the Hon. JAMES J. BANKS. This action was brought by the appellants, D. B. Strouse and T. J. Shickel against N. C. Elting. The complaint contained five counts. The first, second, fourth and fifth were as follows; "1. The plaintiffs claim of the defendant the sum of two thous- and dollars for the breach of the terms and condition of an agreement made and entered into by the defendant on the 15th day of November, 1890, delivered and payable to James A. Bonsack, in the sum of two thousand dollars, with condition that, if the South…
1Opinion of the CourtColeman, J.
The plaintiffs instituted the present action to recover $2,000 upon a written agreement signed *139by the defendant, by which he covenanted and agreed to pay said sum for purposes and upon conditions stated in the agreement. The cause was tried by the court, without a jury. The defense relied upon arises under the third sub-division of section 1732 of the Civil Code, which declares that “every special promise to answer for the debt, default or miscarriage of another” is void, unless the agreement is in writing and expresses the consideration. The question was raised both by demurrer to the…
2Cases cited8 opinions
- Beckwith v. TalbotSupreme Court of the United States · 1877
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Manning v. PippenSupreme Court of Alabama · 1888
- Boykin v. Dohlonde & Co.Supreme Court of Alabama · 1861
- White v. BreenSupreme Court of Alabama · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Searles v. GonzalezCalifornia Supreme Court · 1923
- Nickerson v. WeldMassachusetts Supreme Judicial Court · 1910
- McDonald v. McDonaldSupreme Court of Alabama · 1926
- Shannon v. WisdomSupreme Court of Alabama · 1911
23 more not listed; retrieve them via the Exa API.