Robb v. Parker
Tennessee Supreme Court
PROM SUMNER. Circuit Court. Demurrer disposed of, and trial had at June Special Term, 1867, before "W. S. MüN-day, Special J". ' 1. Illegality in part avoids the note in toto: Story on Prom. Notes, § 189; Thayer v. Rode, 13 "Wend., 53; Turner v. Odom, 3 Col., 455; ' Gráwford v. Morrell, 8 J. B., 256; 3 Bibb, By., B., 500; 2 Mete., By., 163; Swan y.
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PROM SUMNER. Circuit Court. Demurrer disposed of, and trial had at June Special Term, 1867, before "W. S. MüN-day, Special J". ' 1. Illegality in part avoids the note in toto: Story on Prom. Notes, § 189; Thayer v. Rode, 13 "Wend., 53; Turner v. Odom, 3 Col., 455; ' Gráwford v. Morrell, 8 J. B., 256; 3 Bibb, By., B., 500; 2 Mete., By., 163; Swan y. Chandler, 8 B. Mon., 98; 9 B. Mon. 90; 4 Hum., 200; 3 Head, 725; lb., 298; 1 Sneed, 376; 1 Parson’s on Con., 456. 2. The law implies a promise only, in the absence of express contract. Ohitty on Con., 25; 2 Gfreenl. Ev. § 103‘; 2 Term, Bep., 105; 6…
1Opinion of the CourtDeadeRICK, J.
Suit was brought by summons to October Term, 1865, of the Circuit Court of Sumner County, by defendant in error against plaintiff in error, to recover $4000, alleged to be due from him to her intestate.
The declaration, filed at October Term, 1865, which contains but one count, is in the form prescribed by the Code, and is upon a note made by defendant below, on 28th January, 1862, for $4000, and payable in twelve months to Wm. Parker, the intestate of plaintiff below.
Proferí is made of the note and of the letters of administration by the plaintiff below.
To this declaration defendant below…
2Cases cited1 opinion
- Bacon, Assignee v. ParkerTennessee Superior Court for Law and Equity · 1809
3Cited by6 opinions
- Lowry v. Southern Railway Co.Tennessee Supreme Court · 1906
- Lockhart v. Memphis & L. R. R.U.S. Circuit Court for the District of Western Tennessee · 1889
- Fowler v. PlunkCourt of Appeals of Tennessee · 1928
- Sheppard v. YocumOregon Supreme Court · 1884
- Scarbrough v. IshamCourt of Appeals of Tennessee · 1946
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