Hester v. Wesson
This text of 6 Ala. 415 (Hester v. Wesson) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This action is on a note made by the plaintiff in error, the consideration of which was a debt due by the estate of her intestate. It does not appear that there was any new consideration of harm to the promissee, or benefit to the promissor; and it is, therefore, a promise by the adm’rx to pay the debt of her intestate, which, although in writing, being without consideration, is void by the statute of frauds. This has been considered the settled construction of the statute, ever since the decision in the case of Rann v. Hughes, determined in the House of Lords. [See the case in 7 Term Rep. 350, note.]
The judgment must be reversed, and the cause remanded.
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6 Ala. 415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hester-v-wesson-ala-1844.