Kimbrough v. Davis
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before the Hon. Nat. Cook. This action was brought by William A. Kimbrough, against John W. Davis and Walter B. Band; was founded on the defendants’ promissory note for $500, dated 1st June, 1855, payable on the 1st March, 1857, with interest from date, to B. B. Thomas or bearer, and endorsed by said Thomas to plaintiff; aud was commenced on the 10th March, 1857. The defendants pleaded, in short by consent, 1st, non assumpsit;…
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Appeal from the Circuit Court of Wilcox. Tried before the Hon. Nat. Cook. This action was brought by William A. Kimbrough, against John W. Davis and Walter B. Band; was founded on the defendants’ promissory note for $500, dated 1st June, 1855, payable on the 1st March, 1857, with interest from date, to B. B. Thomas or bearer, and endorsed by said Thomas to plaintiff; aud was commenced on the 10th March, 1857. The defendants pleaded, in short by consent, 1st, non assumpsit; 2d, payment; 3d, the rendition of several judgments -against the defendant Band, as the debtor of said Thomas, under…
1Opinion of the CourtB. W. Walken, J.
This record is so confused that it is difficult to understand it. We think, however, that the following statement embodies all the material facts of the case :
On the 1st June, 1855, the appellee, Davis, purchased of B. N. Thomas a tavern and livery-stable, and gave him in payment three promissory notes of that date, executed by himself and his co-appellee, Band ; one for $700, due the 1st March, 1856; one for $500, due the 1st March, 1857; and one for $500, due the- 1st March, 1858. At the fall term, 1855, of the circuit court for Wilcox county, the appellee Band was garnisheed in three…
2Cases cited14 opinions
- Mills & Co. v. StewartSupreme Court of Alabama · 1847
- Brooks v. HildrethSupreme Court of Alabama · 1853
- Stubblefield v. HagertySupreme Court of Alabama · 1840
- Cook v. FieldSupreme Court of Alabama · 1841
- Leigh v. SmithSupreme Court of Alabama · 1843
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