Gee v. Nicholson
Supreme Court of Alabama
In the Circuit of Wilcox county, in October, 1824, John W. Williamson, who sued for the use of Theophilus Nicholson, brought an action of assumpsit against Joseph Gee, to recover on an instrument, which whs as follows: “ Portland, March 14, 1821. Then received of J. W. Williamson, eleven hundred dollars, which sum is the full amount due by said Williamson in the St. Stephen’s Bank, Which sum of eleven hundred dollars, I am bound to pay into said bank at St. Stephens, as the…
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In the Circuit of Wilcox county, in October, 1824, John W. Williamson, who sued for the use of Theophilus Nicholson, brought an action of assumpsit against Joseph Gee, to recover on an instrument, which whs as follows: “ Portland, March 14, 1821. Then received of J. W. Williamson, eleven hundred dollars, which sum is the full amount due by said Williamson in the St. Stephen’s Bank, Which sum of eleven hundred dollars, I am bound to pay into said bank at St. Stephens, as the several instalments may become due; the day and date above written. “JOSEPH GEE.” The plaintiff declared specially on…
1Opinion of the Court
By JUDGE TAYLOR.
It appears that Williamson *514bad executed his note to the Tombeckbe Bank, with Gee and one Nicholson as his securities. That some time after this, by an arrangement which was entered into between Gee and Williamson, and for a valuable consideration, Gee executed the instrument of writing on which this action is founded, by which he promised to pay the debt due the said bank, “as the several instalments maybe-come due.” The note due to the bank was not discharged in conformity with this agreement, and suit was instituted thereon against the payors, and a judgment, which, from its…
2Cited by5 opinions
- Corinth Bank & Trust Co. v. LawlerSupreme Court of Alabama · 1928
- Jones & Co. v. JonesSupreme Court of Alabama · 1847
- Hagerthy v. BradfordSupreme Court of Alabama · 1846
- Adm'r of Gee v. Williamson ex rel. NicholsonSupreme Court of Alabama · 1835
- Brown v. FowlerSupreme Court of Alabama · 1901