Carlisle, Jones & Co. v. Campbell
Supreme Court of Alabama
Appeal from the Circuit Court of Blount. Tried before the lion. Lekoy F. Box. This action was brought by the appellants, suing as partners, and as the assignees of James M. Wooten, against A. W. Perry and J. II. Campbell; and was founded on the defendants’ written promise “to pay to J. M. Wooten or order, on the first day of November, one thousand pounds of low-middling cotton, for value received.”
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Appeal from the Circuit Court of Blount. Tried before the lion. Lekoy F. Box. This action was brought by the appellants, suing as partners, and as the assignees of James M. Wooten, against A. W. Perry and J. II. Campbell; and was founded on the defendants’ written promise “to pay to J. M. Wooten or order, on the first day of November, one thousand pounds of low-middling cotton, for value received.” This instrument was dated at Blountsville, February 5th, 1881, and the names of both of the defendants were signed to it; but Campbell’s signature was made by mark only, and there was no attesting…
1Opinion of the CourtStone, C. J.
— This case appears to have gone off in the court below on the defense of the statute of frauds. The testimony tends to show, that, another Campbell, father of the one sued, was indebted to Wooten, and that the contract sued on was executed by Perry and the younger Campbell, in payment and substitution of the debt of the elder Campbell. If this be so, and if, by virtue of the new agreement, the debt of the elder Campbell was extinguished, or ceased to be a binding, subsisting indebtedness, then the substituted contract became an original undertaking based on a sufficient consideration, and…
2Cases cited5 opinions
- Rutledge's Adm'r v. Townsend, Crane & Co.Supreme Court of Alabama · 1863
- Underwood v. LovelaceSupreme Court of Alabama · 1878
- Jackson's Adm'r v. JacksonSupreme Court of Alabama · 1845
- Dunbar v. SmithSupreme Court of Alabama · 1880
- Thornton v. GuiceSupreme Court of Alabama · 1882
3Cited by12 opinions
- American Savings Bank & Trust Co. v. HelgesenWashington Supreme Court · 1911
- Happ Bros. v. Hunter Manufacturing & Commission Co.Supreme Court of Georgia · 1916
- Johnson & Co. v. DavisSupreme Court of Alabama · 1891
- Morris v. Bank of AttallaSupreme Court of Alabama · 1907
- Barksdale v. BullingtonSupreme Court of Alabama · 1915
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