State Bank v. Seawell
Supreme Court of Alabama
Error to the Circuit Court of Perry. Tried before the Lion. John D. Phelan. This was an action.by the plaintiff against the defendant in error as the drawer of.a bill of exchange, dated the 7th August 1840, at six months after, date. The suit.was commenced on the 25th day of April 1.848, and the cause was tried on.issues formed on a special plea of non est factum* and the plea of the statute of limitations of six years.
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Error to the Circuit Court of Perry. Tried before the Lion. John D. Phelan. This was an action.by the plaintiff against the defendant in error as the drawer of.a bill of exchange, dated the 7th August 1840, at six months after, date. The suit.was commenced on the 25th day of April 1.848, and the cause was tried on.issues formed on a special plea of non est factum* and the plea of the statute of limitations of six years. The remaining facts of the case will be sufficiently understood from the opinion delivered by the court.
1Opinion of the CourtParsons, J.
1. The plaintiff offered to prove on the trial by a witness that, according to general reputation in the neighborhood of the defendant’s plantation, he was out of this State from the 12th day of April to the 17th day of September 1842, but the court rejected the evidence. In this, we think, there was no error. His absence might have been proved by positive or circumstantial evidence; it was a particular fact upon which the rights of the parties were to depend more or less, and *617it could not be proved by reputation or hearsay evidence. No case, I believe, has gone so far.
2. The payee of the…
2Cases cited6 opinions
- Shelby v. GuySupreme Court of the United States · 1826
- Herrick v. WhitneyNew York Supreme Court · 1818
- Hall v. LittleMassachusetts Supreme Judicial Court · 1817
- Doe ex dem. Clinton v. CampbellNew York Supreme Court · 1813
- Charles v. StansburyNew York Supreme Court · 1808
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3Cited by12 opinions
- Huss v. Central Railroad & Banking Co.Supreme Court of Alabama · 1880
- Sims v. TigrettSupreme Court of Alabama · 1934
- Holley v. CoffeeSupreme Court of Alabama · 1898
- Steen v. SwadleySupreme Court of Alabama · 1899
- Wright v. Strauss & Co.Supreme Court of Alabama · 1882
7 more not listed; retrieve them via the Exa API.