Gillespie v. Hester
Supreme Court of Alabama
Appeal from Franklin Circuit Court. Heard before Hon. Joseph H. Nathan. Action by W. H. Gillespie against W. H. Hester From a judgment for defendant, plaintiff appeals.
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Appeal from Franklin Circuit Court. Heard before Hon. Joseph H. Nathan. Action by W. H. Gillespie against W. H. Hester From a judgment for defendant, plaintiff appeals. Tbe note was given for tbe first premium on an insurance policy of $5,000. Plea 1 is as follows: “That on or about the 30th day of June tbe plaintiff, who was acting and holding himself out as tbe agent of tbe New York Life Insurance Company, persuaded and induced defendant to execute the note to plaintiff sued on in this case, in consideration whereof tbe defendant was to receive a policy of insurance on bis life from said…
1Opinion of the CourtDowdell, C. J.
On the facts stated there is no difference m principle between plea 1 in the case at bar and plea 1 in the case of Parker v. Bond, 121 Ala. 529, 25 South. 898. On the authority of that case, no error was committed in overruling the demurrer to plea 1 in the present case upon the stated grounds of demurrer here insisted upon.
It is insisted in argument by counsel for appellant that the demurrer to plea No. 6 should have been sustained *449upon the ground thereof that the plea failed to aver that the defendant could neither read nor write, etc. The plea avers that the defendant was induced to…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. Sullivan Timber Co.Supreme Court of Alabama · 1899
- Parker v. BondSupreme Court of Alabama · 1898
- Bank of Guntersville v. WebbSupreme Court of Alabama · 1895
3Cited by11 opinions
- Montgomery v. StateAlabama Court of Appeals · 1920
- Willcutt v. Union Oil Co. of CaliforniaSupreme Court of Alabama · 1983
- Tindell v. GuySupreme Court of Alabama · 1942
- Blount County Bank v. Robinett McCayAlabama Court of Appeals · 1929
- Keef v. StateAlabama Court of Appeals · 1913
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