Lehnert v. Lewey
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert. Tried before the Hon. Ed. B. Almon. This action was brought by the appellant, George A. Lehnert against J. S. Lewey and Peter J. Karge, and counted upon a promissory note for $50.00. The defendant Karge pleaded the general issue, payment and the following special pleas:. 3d.
Read the full summary
Appeal from the Circuit Court of Colbert. Tried before the Hon. Ed. B. Almon. This action was brought by the appellant, George A. Lehnert against J. S. Lewey and Peter J. Karge, and counted upon a promissory note for $50.00. The defendant Karge pleaded the general issue, payment and the following special pleas:. 3d. That defendant Peter J. Karge was surety on the obligation sued on in this case and this fact was known to the plaintiff before said obligation was purchased and transferred to him. That before default in the payment of said obligation and before plaintiff became the owner of same…
1Opinion of the CourtTyson, J.
Special plea numbered fo-ur (4) was subject to the demurrer interposed to it. It contains no averment that the agreement between plaintiff and Lewey to extend the time of payment was supported by ‘a valuable consideration. — M. & M. R. R. Co. v. Brewer, 76 Ala. 135; Scott v. Scruggs, 95 Ala. 383; Howle v. Edwards, 97 Ala. 649.
It is wholly insufficient to invoke the defense afforded under section 3884 of the Code.
*152The only objection urged against the sufficiency of plea three is that the agreement to extend the time of payment is not shown to have been for a valuable consideration. The plea…
2Cases cited3 opinions
- Howle v. EdwardsSupreme Court of Alabama · 1892
- Scott v. ScruggsSupreme Court of Alabama · 1891
- Mobile & Montgomery Railway Co. v. BrewerSupreme Court of Alabama · 1884
3Cited by3 opinions
- National Bank of Commerce v. GilvinCourt of Appeals of Texas · 1912
- Talley v. WebsterSupreme Court of Alabama · 1930
- Buckner v. VaughtAlabama Court of Appeals · 1912