Murchie v. McNab
Supreme Court of Alabama
Error to the Circuit Court of Pike County. This was an action of assumpsit brought by tho defendants in error as the endorsers of a promissory notc'for the sum of nine hundred and fifty-two and forty-three hundredth dollars, made by the plaintiff in error, to Messrs. McMahan and Brothers, or order. The defendant below pleaded non-assumpsit, set-off, failure, and want of consideration, in short by consent, the plaintiff below obtained a judgment.
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Error to the Circuit Court of Pike County. This was an action of assumpsit brought by tho defendants in error as the endorsers of a promissory notc'for the sum of nine hundred and fifty-two and forty-three hundredth dollars, made by the plaintiff in error, to Messrs. McMahan and Brothers, or order. The defendant below pleaded non-assumpsit, set-off, failure, and want of consideration, in short by consent, the plaintiff below obtained a judgment. During the progress of the cause in the Court below a bill of exceptions was taken to the opinion of the Court from which it appears than the…
1Opinion of the CourtOrmond, J.
— We cannot perceive that the evidence offered is liable to the objection which led to its rejection by the Court. The evidence would explain why the note was given, and its consideration, but certainly this did not vary the terms of the written instrument. Proof that the note was to be paid in whole or in part, in a particular mode, is entirely consistent with its terms, and this, in our opinion, is the only effect that can be ascribed to the rejected testimony. It admits the making of the note, and that the amount is correct, but that it'was to be discharged pro tanto, by the debt due the…
2Cited by8 opinions
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Jones v. First Nat. BankSupreme Court of Alabama · 1921
- Corbin v. SistrunkSupreme Court of Alabama · 1851
- Rockmore v. DavenportTexas Supreme Court · 1855
- Coleman v. Pike CountySupreme Court of Alabama · 1887
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