Singleton, Hunt & Co. v. Thomas
Supreme Court of Alabama
Appeal from Barbour Circuit Court. Tried before Hon. H. I). Clayton. . This was an action on account, brought by Singleton, Hunt & Co. against W.-II. Thomas; was commenced on lltli April, 1882, and was tried on issue joined on the plea of the general issue, as recited in the judgment entry, the trial resulting in a verdict and judgment for the defendant.
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Appeal from Barbour Circuit Court. Tried before Hon. H. I). Clayton. . This was an action on account, brought by Singleton, Hunt & Co. against W.-II. Thomas; was commenced on lltli April, 1882, and was tried on issue joined on the plea of the general issue, as recited in the judgment entry, the trial resulting in a verdict and judgment for the defendant. The evidence for the defendant tended to show that, in 1881, lie owed the plaintiffs $826.15; that in May of that year he gave to the plaintiffs two notes, one for $200, due 1st October, 1881, and the other for $213.07, due 1st November,…
1Opinion of the CourtSomerville, J.
— The rule governing the composition of debts, between creditor and debtor, at common law, and the one prevailing under our statutes, are in some respects essentially different. The common law rule as to compositions effected by simple contracts, not under seal, is, that the payment of a less sum of money than the whole debt, without a release, is no satisfaction of the plaintiff’s claim. — Fitch v. Sutton, 5 East. 232; Harrison v. Wilcox, 2 Johns. Rep. 449. So a mere agreement to receive a part of a debt, or of liguidaterl damages, in satisfaction of the whole, is but nudum pactum. The…
2Cases cited13 opinions
- Landrum v. Trowbridge, Dwight & Co.Court of Appeals of Kentucky · 1859
- Boyd v. HitchcockNew York Supreme Court · 1822
- Le Page v. McCreaNew York Supreme Court · 1828
- Earl v. . PeckNew York Court of Appeals · 1876
- Maddux v. BevanCourt of Appeals of Maryland · 1874
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hand Lumber Co. v. HallSupreme Court of Alabama · 1906
- Springer v. SullivanSupreme Court of Alabama · 1928
- Hamilton v. EdmundsonSupreme Court of Alabama · 1937
- Cleere v. CleereSupreme Court of Alabama · 1886
- Crass v. Scruggs & Co.Supreme Court of Alabama · 1896
13 more not listed; retrieve them via the Exa API.