Mahoney v. O'Leary
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before the Hon. ¥m. M. BROOKS. This action was brought by Eugene O’Leary against Patrick Mahoney, and was founded on the defendant’s promissory note for $457 80, dated the 27th February, 1858, and payable one day after date.
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Appeal from the Circuit Court of Greene. Tried before the Hon. ¥m. M. BROOKS. This action was brought by Eugene O’Leary against Patrick Mahoney, and was founded on the defendant’s promissory note for $457 80, dated the 27th February, 1858, and payable one day after date. The summons was issued on the 1st March, 1858. At the return term, the defendant, pleaded in abatement, on account of the premature commencement of the action, and also demurred to the complaint on the same ground. The plea was entitled of the spring term, 1858, and was duly sworn to before the clerk on the 2d April; but the…
1Opinion of the CourtStone, J.
It is settled in this State, that when a contract for the payment of money, not entitled to grace, is dated on Saturday, and is due one day after date, it is in law due and payable on the Mon day following; and a suit instituted on such contract on the Monday following, is prematurely brought. — Randolph v. Cook & Ellis, 2 Porter, 286; Sanders v. Ochiltree, 5 Porter, 73. The note sued on *99in this case bears date Eeb. 27th, 1858, and was due one day afterwards. February 28th, 1858, was Sunday, and the suit was commenced on Monday, March 1st, 1858.
There is copied in this record a plea in…
2Cases cited8 opinions
- Stewart v. Goode & UlrickSupreme Court of Alabama · 1856
- Duncan v. HargroveSupreme Court of Alabama · 1853
- Blount v. McNeillSupreme Court of Alabama · 1856
- Steamboat Farmer v. McCrawSupreme Court of Alabama · 1858
- Randolph v. CookSupreme Court of Alabama · 1835
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3Cited by16 opinions
- Foster v. NapierSupreme Court of Alabama · 1883
- Foster v. StateSupreme Court of Alabama · 1864
- Karter v. FieldsSupreme Court of Alabama · 1900
- Douglas v. BeasleySupreme Court of Alabama · 1866
- Kyle v. CaravelloSupreme Court of Alabama · 1893
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