Hussey v. Roquemore
Supreme Court of Alabama
Appeal from the Circuit Court of Russell. Tried before the Bou. JNO. Q-ill Shorter. Assumpsit by John J. Hussey against Yinson P. Roque-more, on a promissory note for $300, dated August 2, 1847, and payable to the plaintiff on or before December 25,1849 ; on which was endorsed a credit of $225, dated December 8, 1849. The only plea was the general issue, with leave to give any special matter in evidence.
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Appeal from the Circuit Court of Russell. Tried before the Bou. JNO. Q-ill Shorter. Assumpsit by John J. Hussey against Yinson P. Roque-more, on a promissory note for $300, dated August 2, 1847, and payable to the plaintiff on or before December 25,1849 ; on which was endorsed a credit of $225, dated December 8, 1849. The only plea was the general issue, with leave to give any special matter in evidence. On the trial, as appears from the bill of exceptions, after the plaintiff had read in evidence the note declared on, the defendant introduced two witnesses, who testified to the following…
1Opinion of the CourtGOLDTHWiLITE, J.
The qualification to the first charge given by the court, involves the question of the validity of the agreement made between the parties as to the note sued on. The evidence proved that this note, which was for $300, was originally given for land bought by. the defendant from the plaintiff; that the latter, discovering, he did not own a *288portion of tbe land sold, agreed with the vendee, on receiving from him $225 on the note, that he should be discharged from the payment of the balance, unless he executed to him a valid deed for such portion within a short time thereafter ; that no such deed…
2Cases cited6 opinions
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Watt's Ex'rs. v. SheppardSupreme Court of Alabama · 1841
- Dodson v. HarrisSupreme Court of Alabama · 1846
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- O'Donnell v. SweeneySupreme Court of Alabama · 1843
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3Cited by17 opinions
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