Tiller v. Shearer
Supreme Court of Alabama
ERROR to tbe Circuit Court of Sumter. Tried before the Hon. Turner Reavis. Shearer brought an action of assumpsit against Tiller, in the Circuit Court of Sumter, on a note dated 20th October, 1848, payable to ¥m. Brown or order, on the 1st day of February, 1849. This note was made, on the day it bears date, in the State of Tennessee, and was subscribed by A. G. Lof-tin and Eldridge Loftin.
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ERROR to tbe Circuit Court of Sumter. Tried before the Hon. Turner Reavis. Shearer brought an action of assumpsit against Tiller, in the Circuit Court of Sumter, on a note dated 20th October, 1848, payable to ¥m. Brown or order, on the 1st day of February, 1849. This note was made, on the day it bears date, in the State of Tennessee, and was subscribed by A. G. Lof-tin and Eldridge Loftin. In June after the maturity of the note, Brown came to Livingston, in Sumter County, where the Loftins resided, to collect it. They failed to mate payment, and from information received by Brown, he was led…
1DissentLigon, J.
It is the opinion of a majority of the court, that there was no error in the action of the court below, in refusing the charge asked, or in giving the one excepted to. Regarding the note as the best evidence of the intention of the parties to it, the conclusion is drawn, that as Tiller appears from its face to be an original promisor, the plaintiff below had a right to treat him as such, and sue him in that character. They deem the case of Hullum v. State Bank, 18 Ala. Rep. 805, a fair exposition of the law of such cases, and conclusive of this. In that case, the Chief Justice, after…
2Cases cited6 opinions
- Sage v. WilcoxSupreme Court of Connecticut · 1826
- Jackson's Adm'r v. JacksonSupreme Court of Alabama · 1845
- Bailey v. FreemanNew York Supreme Court · 1809
- Hullum v. State BankSupreme Court of Alabama · 1851
- Lucas v. HitchcockSupreme Court of Alabama · 1841
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