
    (80 South. 406)
    CONWELL v. RICE.
    (7 Div. 939.)
    (Supreme Court of Alabama.
    Nov. 28, 1918.)
    Bills and Notes <&wkey;90 — Enforcement — Consideration.
    A note which is a mere gratuitous promise to pay is unenforceable.
    Appeal from Circuit Court, Etowah Co'tlnty; O. A. Steele, Judge.
    Action by T. A. Conwell against Sam Rice. From an adverse judgment, plaintiff appeals. Transferred from Court of Appeals under Acts 1911, p. 450, § 6.
    Affirmed.
    James D. Giles and Motley & Motley, all of- Gadsden,, for appellant.
    White & Lusk, of Gadsden, for appellee.
   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.  