Locke v. Humphries
Supreme Court of Alabama
Appeal from the Circuit Court of Hale. Tried before tbe Hon. George H- Craig. ’ This action was brought by Carlisle & Humphries, suing as partners, and revived in the name of H. G. Humphries as surviving partner, against James W. Locke and William H. Locke ; was commenced on the 31st January, 1872, and was founded on the defendants’ promissory note for $1,170.38, dated Mobile, January 1st, 1870, payable on the 1st January, 1871, to the order of said Carlisle & Humphries,…
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Appeal from the Circuit Court of Hale. Tried before tbe Hon. George H- Craig. ’ This action was brought by Carlisle & Humphries, suing as partners, and revived in the name of H. G. Humphries as surviving partner, against James W. Locke and William H. Locke ; was commenced on the 31st January, 1872, and was founded on the defendants’ promissory note for $1,170.38, dated Mobile, January 1st, 1870, payable on the 1st January, 1871, to the order of said Carlisle & Humphries, negotiable and payable at the Bank of Mobile. The defendants pleaded want of consideration, the statute of frauds, and that…
1Opinion of the CourtManning, J.
[After stating the facts] — We think there was no error in the ruling of the circuit judge, Appellants *120having received from Kerr, administrator, the property of their father’s estate, and had a settlement with him of his administration, in their letter of October, 1867,- inform Car-lisle & Humphries thereof, and of their purpose to pay them the balance of the debt contracted by Kerr, the late administrator, recognizing their obligation to do so, as arising out of the settlement with Kerr, in the Probate Court, and out of their having obtained a judgment on said settlement for the total amount…
2Cases cited2 opinions
- Mason v. HallSupreme Court of Alabama · 1857
- McKenzie v. JacksonSupreme Court of Alabama · 1842
3Cited by4 opinions
- Newell Contracting Co. v. GlennSupreme Court of Alabama · 1926
- Thornton v. GuiceSupreme Court of Alabama · 1882
- Thornton v. WilliamsSupreme Court of Alabama · 1882
- Bessemer Savings Bank v. Rosenbaum Grocery Co.Supreme Court of Alabama · 1902