Clements v. Loggins
Supreme Court of Alabama
Error to the County Court of Tuscaloosa. This was an action of assumpsit, brought by the plaintiff in error, as assignee, against the defendant in error, as maker, of two promissory notes for two hundred dollars each, dated the 25th February, 1837, and due respectively on the 25th December, 1838 and 1839. Plea, non-assumpsit; and judgment for defendant.
Read the full summary
Error to the County Court of Tuscaloosa. This was an action of assumpsit, brought by the plaintiff in error, as assignee, against the defendant in error, as maker, of two promissory notes for two hundred dollars each, dated the 25th February, 1837, and due respectively on the 25th December, 1838 and 1839. Plea, non-assumpsit; and judgment for defendant. Pending the trial, a bill'of exceptions was taken at the instance of the plaintiff; from which it appears that, in December, 1836, one William E. Cotten bought of Obadiah Cooper, the payee of the notes sued on, a quarter section of land, for…
1Opinion of the CourtOrmond, J.
— The questions of law, which arise out of the charges given and refused by the Court, will be considered in the order they are presented in the record.
1. From the first charge which the Court refused to give, considered in connection with the -charge given, it appears that the contest iii the Court below was, whether the written contract, supposed to have been entered into by the defendant, was-ever consummated so as to be binding on him; and whether the real contract was not a subsequent parol contract, entered into between Loggins and Cooper. It is obvious, that this is a question of fact;…
2Cited by12 opinions
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Carroll v. MaloneSupreme Court of Alabama · 1856
- Thomason v. DillSupreme Court of Alabama · 1857
- Meeks v. GarnerSupreme Court of Alabama · 1890
- Pierce v. WilsonSupreme Court of Alabama · 1859
7 more not listed; retrieve them via the Exa API.