Legal Opinion

Nowlin v. Wesson

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 2 opinions

Action on Promissory Note, by Payee against Maker. Appeal from the Circuit Court of Calhoun. Tried before the Hon. Leroy F. Box. This action was brought by J. R. Nowlin against Mrs. O. M. Wesson, and was founded on the defendant’s promissory note under seal for $128.43, which was dated on the 29th £?] February, 1885, and payable one day after date, to the plaintiff or order. The defendant pleaded want of consideration, and issue was joined on that plea.

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Action on Promissory Note, by Payee against Maker. Appeal from the Circuit Court of Calhoun. Tried before the Hon. Leroy F. Box. This action was brought by J. R. Nowlin against Mrs. O. M. Wesson, and was founded on the defendant’s promissory note under seal for $128.43, which was dated on the 29th £?] February, 1885, and payable one day after date, to the plaintiff or order. The defendant pleaded want of consideration, and issue was joined on that plea. On the trial, the defendant testified that, when the note was given, she was not indebted to the plaintiff in any sum whatever, but he held a…

1Opinion of the CourtStone, C. J.

— The testimony in this record is not positive, but it conduces to show that, when Mrs. Wesson executed the bill single sued on, the claim against her deceased husband was surrendered to her, and treated as no longer binding on his estate. If this be so, notwithstanding his estate may have been absolutely insolvent, it was, in contemplation of law, a valuable consideration, and will uphold the express promise made by the surviving widow. — Rutledge v. Townsend, 38 Ala. 706; Watson v. Reynolds, Ala. 191; Underwood v. Lovelace, 61 Ala. 155; Thornton v. Guice, 73 Ala. 321; Hixon v. Hetherington,…

2Cases cited5 opinions

  1. Rutledge's Adm'r v. Townsend, Crane & Co.Supreme Court of Alabama · 1863
  2. Underwood v. LovelaceSupreme Court of Alabama · 1878
  3. Thornton v. GuiceSupreme Court of Alabama · 1882
  4. Doss v. PetersonSupreme Court of Alabama · 1886
  5. Hixon v. HetheringtonSupreme Court of Alabama · 1876

3Cited by2 opinions

  1. Galena National Bank v. RipleyWashington Supreme Court · 1909
  2. Newman & Snell's State Bank v. HunterMichigan Supreme Court · 1928

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