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12 Ala. 233

Emanuel v. Martin

Supreme Court of Alabama

Decided June 15, 1847

Supreme Court of Alabama · decided 1847-06-15

The defendant in error, brought suit against the plaintiff in error, before a justice of the peace, and recovered judgment, from which the defendant appealed to the county court.

Decided 1847-06-15

ORMOND, J.

¶1The bill of exceptions in this case, is obscurely drawn. As we understand it, it presents the case of two partners executing their individual notes to a workman, for a debt due from the partnership, and that the work which was the consideration of the notes, was so unskilfully and badly executed, that the entire consideration of both notes has failed. This is doubtless a defence, which either partner may make, when sued upon the note executed by him, as the failure of consideration is entire, as to both contracts, and the right to make the defence is not lost by the execution of separate notes.

¶2Judgment reversed and cause remanded.

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