Fuller v. Gray
Supreme Court of Alabama
Appeal from Tallapoosa Circuit Court. Tried before Hon. N. D. Denson. Action on account by Cray against Fuller. Defense, tbe statute of frauds, the defendant alleging that the account was not on his promise as an original .undertaking, but that the credit was given to one Whatley, and if defendant ever promised to pay it was not in writing and was a promise to answer for the debt or default of' another.
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Appeal from Tallapoosa Circuit Court. Tried before Hon. N. D. Denson. Action on account by Cray against Fuller. Defense, tbe statute of frauds, the defendant alleging that the account was not on his promise as an original .undertaking, but that the credit was given to one Whatley, and if defendant ever promised to pay it was not in writing and was a promise to answer for the debt or default of' another. The third plea of defendant was .that the plaintiff had sued Whatley in the justice court for the same debt now sued on, and had obtained judgment thereon. To this plaintiff replied that he…
1Opinion of the CourtHaralson, J.
— Suit upon the common counts for a debt claimed by William Gray, plaintiff, against A. T. Fuller, defendant.
The point of contention in this case is, Avhetlier or not. the goods, the sale of Avhich is the foundation of the action, Avere sold to defendant, Fuller on his credit alone, or to Whatley. The decisive question in such cases is,— To Avliom Avas the credit given? If the goods Avere sold on the sole credit of the defendant, his promise is original, and not Avithin the statute; but if any credit Avas given to the person to Avhom the goods Avere delivered, the promise is collateral and…
2Cases cited3 opinions
- Boykin v. Dohlonde & Co.Supreme Court of Alabama · 1861
- Webb v. Hawkins Lumber Co.Supreme Court of Alabama · 1893
- Fuller v. GraySupreme Court of Alabama · 1896
3Cited by5 opinions
- Shepherd v. Butcher Tool & Hardware Co.Supreme Court of Alabama · 1916
- Pake v. WilsonSupreme Court of Alabama · 1899
- Cameron v. Haas Bros. Packing Co.Alabama Court of Appeals · 1911
- Brewer v. Home Supply Co.Alabama Court of Appeals · 1919
- Landers v. RameySupreme Court of Alabama · 1944