48 Ala. 589
Decided June 15, 1872
Supreme Court of Alabama · decided 1872-06-15
M. J. Saeeold. The suit was on a promissory note made by the appellant in favor of H. H. Ware & Co., and by them indorsed to the appellee’s intestate, who was one of the firm of Ware & Co. John H. Stone was indebted to Ware & Co. on an open account, for merchandise sold to him. H. H. Ware induced the appellant, who was under no obligation to do so, to give the note for Stone’s indebtedness, by assuring him that Stone’s agent would pay the debt on request.
Relies on Williams v. Sims · Beall & Co. v. Ridgeway
Decided 1872-06-15
¶1Under the evidence disclosed in the bill of exceptions, the note, the foundation of the action, was without consideration.—Williams v. Sims, 22 Ala. 512; Beall & Co. v. Ridgway, 18 Ala. 117. The court below, therefore, erred in the charge given, and in its refusal to charge as requested.
¶2The judgment is reversed, and the cause remanded.