Watson v. Reynolds & Stuckey
Supreme Court of Alabama
Appeal from Circuit Court of Dale. Tried before Hon. Henry D. Clayton. This was a suit by the appellees against the appellant on a promissory note. She pleaded want of consideration, and issue was joined on that plea.
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Appeal from Circuit Court of Dale. Tried before Hon. Henry D. Clayton. This was a suit by the appellees against the appellant on a promissory note. She pleaded want of consideration, and issue was joined on that plea. Appellant was introduced as a witness, and testified that she gave the note sued on for an account which was made in her husband’s life time; that she gave it at the request of one Powell, who, as agent of the appellees, came to her with the account and assured her that if she would sign the note, she would not be pressed about it; that the account was not receipted or delivered…
1Opinion of the CourtBrickell, C. J.
A promise to pay the debt of another, founded on no other consideration than the debt, is a nudum "pactum, no matter what form the promise may_assume.—Beall v. Ridgway, 18 Ala. 117; Rutledge v. Townsend, 38 Ala. 712; Hester v. Wesson, 6 Ala. 415. The note on which the suit is founded, was not given by appellant or accepted by the appellees as payment of the debt of her deceased husband, nor to induce appellees to forbear or suspend any right of action they had on such debt. There is, of consequence, no element of detriment to the appellees from which to deduce a consideration for the note,…
2Cases cited4 opinions
- Rutledge's Adm'r v. Townsend, Crane & Co.Supreme Court of Alabama · 1863
- Brown v. BeasonSupreme Court of Alabama · 1854
- Beall & Co. v. RidgewaySupreme Court of Alabama · 1850
- Hester v. WessonSupreme Court of Alabama · 1844
3Cited by7 opinions
- Underwood v. LovelaceSupreme Court of Alabama · 1878
- Zadek v. ForcheimerAlabama Court of Appeals · 1918
- Richardson Bros. & Co. v. FieldsSupreme Court of Alabama · 1899
- Building and Loan Association v. . SwaimSupreme Court of North Carolina · 1929
- Hames v. IrwinSupreme Court of Alabama · 1926
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