Conwell v. Rice

80 So. 406, 202 Ala. 324, 1918 Ala. LEXIS 409

Opinion

SOMERVILLE, J.

Without undertaking to discuss the evidence in this cage, our opinion is that the trial court was justified in finding, for.the defendant on the theory, asserted by plea, that the note sued on was without any valuable consideration, whether of benefit to the defendant, or of detriment to the plaintiff. Being a merely gratuitous promise to pay money, the note is not enforceable. We see no reason for disturbing the judgment, and it will be affirmed.

Affirmed.

ANDERSON, C. J., and MAVFIELD and THOMAS, JJ., concur.