Newton v. Jackson
Supreme Court of Alabama
Error to the Circuit Court of Montgomery. Tried before the Hon. George Goldthwaite. Assumpsit by John H. Newton against Henry M. Jackson, on a note for $347 25, dated December 6, 1843, and payable on the 1st January, 1845, with interest from January 1, 1844. The defendant pleaded, among other things, that the note was given under an agreement in writing in these words: “ This is to certify, that I have this day agreed with Doctor Henry M. Jackson, and hereby bind myself to…
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Error to the Circuit Court of Montgomery. Tried before the Hon. George Goldthwaite. Assumpsit by John H. Newton against Henry M. Jackson, on a note for $347 25, dated December 6, 1843, and payable on the 1st January, 1845, with interest from January 1, 1844. The defendant pleaded, among other things, that the note was given under an agreement in writing in these words: “ This is to certify, that I have this day agreed with Doctor Henry M. Jackson, and hereby bind myself to do and perform the agreement hereinafter expressed, to-wit:. whereas I own a certain negro woman, named Eliza, and her…
1Opinion of the CourtPhelan, J.
It was entirely competent for the defendant, Jackson, to show the consideration of the note on which he was sued. This he does by the testimony of his father, James Jackson, who, both in tho direct and cross examination, states the substance of the agreement between plaintiff and defendant for the purchase of the slaves, Eliza and her child William, tho knowledge of which he derived from declarations of the plaintiff, and declarations of the defendant called for by the plaintiff on cross examination. A part of this agreement he shov/s was, that, in consideration that plaintiff agreed to sell…
2Cases cited3 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Borland v. WalkerSupreme Court of Alabama · 1845
- Murrah v. Branch Bank at DecaturSupreme Court of Alabama · 1852
3Cited by10 opinions
- Texas & Pacific Railway Co. v. RaneyTexas Supreme Court · 1894
- Thompson v. DrakeSupreme Court of Alabama · 1858
- Alexander v. AlexanderSupreme Court of Alabama · 1926
- David v. David's Adm'rSupreme Court of Alabama · 1880
- Gilbert v. StateCourt of Criminal Appeals of Oklahoma · 1912
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