Dawson v. Cotton
Supreme Court of Alabama
Appeal from the Circuit Court of Russell. Tried before the Hon. John Gill Shorter. In this action (Henry T. Dawson v. Cyrus Cotton) the writ was in assumpsit, and the declaration in debt, on a promissory note of which the following is a copy :— “ $442. Twenty days after date I promise to pay to James Thompson, or order, four hundred and forty-two dollars, value received.
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Appeal from the Circuit Court of Russell. Tried before the Hon. John Gill Shorter. In this action (Henry T. Dawson v. Cyrus Cotton) the writ was in assumpsit, and the declaration in debt, on a promissory note of which the following is a copy :— “ $442. Twenty days after date I promise to pay to James Thompson, or order, four hundred and forty-two dollars, value received. Given under my hand and seal, this 22d day of December, A. D. 1835. Benjamin Watson [seal], ■ Agent for Cyrus Cotton, Sen.” The plaintiff declared as the endorsee of the payee; and the defendant pleaded, nil debet, payment,…
1Opinion of the CourtChilton, C. J.
—The sole question in this case is, whether the note offered in evidence, unaccompanied with any offer of extraneous proof explanatory of it, was proper evidence for the jury : in other words, whether it created, prima facie, an obligation upon Cotton, the alleged maker. It is in these words :—
“ Twenty days after date, I promise to pay to James Thompson, or order, four hundred and forty-two dollars, value received. Given under my hand and seal, this 22d day of December, 1835. (signed) Benjamin Watson [seal],
Agent for Cyrus Cotton, Sen.”
In Martin v. Dortch, 1 Stew. 479, a sealed instrument,…
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