Somerville v. Jones
Supreme Court of Alabama
William S. Jones brought an action of covenant against Alexander Somerville, in the Circuit Court of Franklin county, and declared for the breach of a contract made between the parties on the 8th of January, 1823, in which there was a variety of stipulations concerning the shipment and proceeds of a crop of cotton ; and wherein among other things, Somerville obligated himself “to pay and discharge a judgement which had been obtained against Jones as the administrator of one…
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William S. Jones brought an action of covenant against Alexander Somerville, in the Circuit Court of Franklin county, and declared for the breach of a contract made between the parties on the 8th of January, 1823, in which there was a variety of stipulations concerning the shipment and proceeds of a crop of cotton ; and wherein among other things, Somerville obligated himself “to pay and discharge a judgement which had been obtained against Jones as the administrator of one Henry Cox, in favor of one John Davis, for about two thousand dollars ” The plaintiff averred that said judgement was…
1Opinion of the Court
By JUDGE TAYLOR,
It is believed that the Circuit Court did right in overruling the demurrer. The defendant was informed of the judgement against the plaintiff; for his covenant was to pay that judgement, and by the terms of the instrument which he had executed, he was bound to pay in prtesenti. The plaintiff certainly was not required to wait until his property was levied on and exposed to sale by the sheriff to make the money, and thus subject him" *347self to the very situation which his covenant with the defendant was intended to avoid; nor was he bound to givt-notice to the defendant that the…
2Cited by2 opinions
- Jones v. SommervilleSupreme Court of Alabama · 1835
- Young v. HillNew Jersey Court of Chancery · 1879