Nesbitt v. Pearson's Adm'rs
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. Tried before tbe Hon. E. W. Pettus. This action was brought by William Pearson in his life-time, and afterwards revived in tbe name of bis administrators; and was founded on tbe defendant’s promissory note, of which tbe following is a copy : “ $265. Twelve months after date, I promise to pay John T. Watson, or bearer, tbe sum of two hundred and sixty-five dollars, for tbe hire of a negro man, named Joseph, for twelve months.
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Appeal from the Circuit Court of Perry. Tried before tbe Hon. E. W. Pettus. This action was brought by William Pearson in his life-time, and afterwards revived in tbe name of bis administrators; and was founded on tbe defendant’s promissory note, of which tbe following is a copy : “ $265. Twelve months after date, I promise to pay John T. Watson, or bearer, tbe sum of two hundred and sixty-five dollars, for tbe hire of a negro man, named Joseph, for twelve months. Tbe above sum may be discharged with two hundred and eighty dollars in merchantable bar-iron, at five cents per pound; to be…
1Opinion of the Court
STONE, J.—There
was no error in admitting the note in evidence under the complaint. The second, or amended count, describes it accurately; and the concluding sentence, “and said money mentioned in said note, with interest thereon, is now due to plaintiff,” is a sufficient averment of ownership under the Code, § 2129.—Letondal v. Huguenin, 26 Ala. 552; Code, p. 552.
[2.] Neither is there anything in the argument based on the condition in the face of the note, in the words following : “ The above sum may be discharged with two hundred and eighty dollars in merchantable bar-iron, at five cents per…
2Cases cited7 opinions
- Partridge v. ForsythSupreme Court of Alabama · 1856
- Doe ex dem. School Commissioners v. GodwinSupreme Court of Alabama · 1857
- Letondal v. HugueninSupreme Court of Alabama · 1855
- Plowman v. RiddleSupreme Court of Alabama · 1845
- M'Rae v. RaserSupreme Court of Alabama · 1839
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ala. Coal Mining Co. v. BrainardSupreme Court of Alabama · 1860
- Western Manufacturing Co. v. RogersNebraska Supreme Court · 1898
- Clayton v. Bank of East ChattanoogaSupreme Court of Alabama · 1920
- Price v. LavenderSupreme Court of Alabama · 1862
- Thompson v. HarveySupreme Court of Alabama · 1888
4 more not listed; retrieve them via the Exa API.