Talladega Insurance v. Peacock
Supreme Court of Alabama
Action on Promissory Note; Plea, non est factum. Appeal from Talladega Circuit Court. Tried before Hon. W. H. Smith. This action was brought November 7, 1865, by David McCullough, against tbe Talladega Insurance Company. The suit was founded on a promissory note, which is set out in full in the opinion of the court. The defendant pleaded, “ in short by consent,” 1, tbe general issue ; 2, non est factum. The case was tried on these pleas.
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Action on Promissory Note; Plea, non est factum. Appeal from Talladega Circuit Court. Tried before Hon. W. H. Smith. This action was brought November 7, 1865, by David McCullough, against tbe Talladega Insurance Company. The suit was founded on a promissory note, which is set out in full in the opinion of the court. The defendant pleaded, “ in short by consent,” 1, tbe general issue ; 2, non est factum. The case was tried on these pleas. The plaintiff introduced in evidence the special act incorporating the Talladega Insurance Company (Ac. '^55-6, pp. 257-61), and also the charter of tbe…
1Opinion of the CourtBrickell, C. J.
— The action was commenced, and the trial, verdict and judgment had, in the life-time of the intestate of the appellee. The cause of action is a promissory note, purporting to be made by the Talladega Insurance Company, payable to the intestate, in form and substance as follows : “$3,673.31. April 6,1863. One day after date, I promise to pay to the order of David McCullough, in American gold coin, thirty-six hundred and seventy-three dollars, at the office Talladega Insurance Company, for value received. (Signed) Talladega Insurance Company, by James G. L. Huey, Secretary.”’
Several pleas were…
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