Stoudenmire v. Ware

48 Ala. 589

Opinion

B. F. SAFFOLD, J.

Under 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.

The judgment is reversed, and the cause remanded.