Massie v. Byrd
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before tbe Hon. John Moore. This action was brought by Mrs. Sarah Massie, against Mrs. Maria Byrd, as the executrix of the last will and testament of her deceased husband, Wm. M. Byrd; and was commenced on the 17th January, 1887. The action was founded on a promissory note for $4,500, which was signed by said Vm.
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Appeal from the Circuit Court of Dallas. Tried before tbe Hon. John Moore. This action was brought by Mrs. Sarah Massie, against Mrs. Maria Byrd, as the executrix of the last will and testament of her deceased husband, Wm. M. Byrd; and was commenced on the 17th January, 1887. The action was founded on a promissory note for $4,500, which was signed by said Vm. M. Byrd, dated April 20th, 1886, and in these words: “One day after date, I promise to pay Sarah Massie forty-five hundred dollars, and will pay the interest annually, punctually, and the principal on thirty days notice.’^ The first…
1Opinion of the CourtClopton, J.
The suit, which is brought by appellant, is founded on a promissory note made by the testator of appellee, of which the following is a copy:
“$4,500. One day after date I promise to pay Sarah Massie forty-five hundred dollars, and will pay the interest annually, punctually, and the principal on thirty days notice.
“April 20, 1866. W. M. Byrd.”
The seventh and eighth special pleas allege, that in 1863 and 1864 defendant’s testator, as the agent of the plaintiff, collected about forty-five hundred dollars, in Confederate treasury-notes, and on April 20, 1866, paid her three hundred dollars, and…
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