Whitehurst v. Boyd
Supreme Court of Alabama
Writ of Error to the Circuit Court of Macon. This was an action of assumpsit, at the suit of the plaintiff in error. The declaration was upon three writings designated as promissory notes; the first of which is of the following tenor, viz: “ On the first day of January, 1844,1 promise to pay Sea-born J. Whitehurst, agent of James K. Giddins, six hundred dollars, for the east half of a section of land, in Macon couaty, Alabama, provided the titles executed to me by said agent…
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Writ of Error to the Circuit Court of Macon. This was an action of assumpsit, at the suit of the plaintiff in error. The declaration was upon three writings designated as promissory notes; the first of which is of the following tenor, viz: “ On the first day of January, 1844,1 promise to pay Sea-born J. Whitehurst, agent of James K. Giddins, six hundred dollars, for the east half of a section of land, in Macon couaty, Alabama, provided the titles executed to me by said agent are good and sufficient, and there be no incumbrance against the said land, by judgment, mortgage or any other…
1Opinion of the CourtCollier, C. J.
The writings declared on, present a case unlike any of those cited by the plaintiff’s counsel. Here the defendant promises to pay to the plaintiff’s agent, &c. certain sums of money, for a consideration expressed at definite periods; provided, the titles which the plaintiff, as agent, executed to him, are good and sufficient, &c. Now although times are prescribed when these payments shall be made, yet the defendant’s undertaking is not absolute, but is subject to the condition we have stated ; and though it may not be necessary to entitle the plaintiff to recover, that he should show that he…
2Cases cited9 opinions
- Newall v. WrightMassachusetts Supreme Judicial Court · 1807
- Watt's Ex'rs. v. SheppardSupreme Court of Alabama · 1841
- Rogers v. KneelandCourt for the Trial of Impeachments and Correction of Errors · 1834
- Penniman v. HartshornMassachusetts Supreme Judicial Court · 1816
- Bates v. Bank of the StateSupreme Court of Alabama · 1841
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3Cited by15 opinions
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- Montgomery Enterprises v. Empire Theater Co.Supreme Court of Alabama · 1920
- Broughton v. MitchellSupreme Court of Alabama · 1879
- Smith's Heirs v. Smith's Adm'rSupreme Court of Alabama · 1848
- Hussey v. RoquemoreSupreme Court of Alabama · 1855
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