Tabor v. Peters
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before the Hon. Leroy F. Box. This action was brought by Thomas H. Tabor, against William M. Peters and James M. Peters; was commenced on the 14th April, 1883, and was founded on the defendants’ two promissory notes, for $75 and $50 respectively, each dated June 2d, 1882, and payable on the 1st October next after date, to the plaintiff or bearer.
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Appeal from the Circuit Court of Talladega. Tried before the Hon. Leroy F. Box. This action was brought by Thomas H. Tabor, against William M. Peters and James M. Peters; was commenced on the 14th April, 1883, and was founded on the defendants’ two promissory notes, for $75 and $50 respectively, each dated June 2d, 1882, and payable on the 1st October next after date, to the plaintiff or bearer. The defendants pleaded, “in short by consent, 1st, non assumpsit / 2d, want of consideration; 3d, failure of consideration; 4th, that the consideration of said notes was the sale of a patent right…
1Opinion of the CourtSomeryille, J.
— The suit is on certain promissory notes, given by defendants to plaintiff for an interest in a patent right to what was alleged to be an improved churn, the territory included in the purchase being confined to the county of St. Clair, in this State. The defense set up is based on certain statements made by the plaintiff, as inducements to the purchase, relating to the qualities and capacities of the patented article, which are alleged to have been false, and fraudulently made; and want of consideration and failure of consideration are also pleaded.
It is shown that the plaintiff, Tabor, was…
2Cases cited14 opinions
- Barnett v. StantonSupreme Court of Alabama · 1841
- Allen v. HartIllinois Supreme Court · 1874
- Hight v. BaconMassachusetts Supreme Judicial Court · 1878
- Sledge v. ScottSupreme Court of Alabama · 1876
- Kenner v. HardingIllinois Supreme Court · 1877
9 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Spreckels v. GorrillCalifornia Supreme Court · 1907
- Jackson Company v. FaulknerCourt of Civil Appeals of Alabama · 1975
- Fidelity & Casualty Co. v. J. D. Pittman Tractor Co.Supreme Court of Alabama · 1943
- Tillis v. Smith Sons Lumber Co.Supreme Court of Alabama · 1914
- Young v. Arntze & Bros.Supreme Court of Alabama · 1888
27 more not listed; retrieve them via the Exa API.