Kraus v. Torry
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. This was an action by J. D. Torrey, as assignee of a note executed by one 1). Ivraus. The facts and the pleadings are sufficiently shown in the opinion.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. This was an action by J. D. Torrey, as assignee of a note executed by one 1). Ivraus. The facts and the pleadings are sufficiently shown in the opinion. A promise to pay one of the discharged debts as soon as the bankrupt is ablets a valid and enforcible promise, but the plaintiff must prove defendant’s ability — that is must prove as a fact that he has sufficient property or means to pay. — Greil v. Solomon, 82 Ala. 91; Branch Bank r. Boykin, 9 Ala. 320; Bearing r. ill off at, 6 Ala. 776; Allen v. Ferguson, 18 Wall 1.…
1Opinion of the CourtDowdell, J.
The note declared on shows on its face that it was made in the State of Georgia and was payable in said state. It was therefore governed by the interest laws of the state of Georgia, and it was incumbent on the plaintiff to make proof of such laws — Camp v. Randle, 81 Ala. 240, 2 South. 287. There was no evidence offered in this case as to the Georgia rate of interest, and in the absence of such evidence the plaintiff was not entitled to recover any interest.
The defendant, in defense of the note sued on, pleaded hi.s discharge in bankruptcy, to which plea the plaintiff made replication of a…
2Cases cited4 opinions
- Griel & Bro. v. SolomonSupreme Court of Alabama · 1886
- Dearing v. MoffittSupreme Court of Alabama · 1844
- Camp, Glover & Co. v. Randle & Co.Supreme Court of Alabama · 1886
- Sherman v. HobartSupreme Court of Vermont · 1853
3Cited by7 opinions
- Rhodes v. SchofieldSupreme Court of Alabama · 1955
- Herrington v. . DavittNew York Court of Appeals · 1917
- Torry v. KraussSupreme Court of Alabama · 1907
- Hess v. CommissionerUnited States Tax Court · 1946
- Starr Piano Co. v. BakerAlabama Court of Appeals · 1913
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