Simonton v. Steele
Supreme Court of Alabama
Writ of error to tho Circuit Court of Tuscaloosa County'. ASSUMPSIT on a promissory note. Pleas, non assumpsit, payment, and set-off. Verdict and judgment for the defendant. The Circuit Court allowed the defendant to give evidence to the jury to prove the consideration of (he note sued, to be the transfer of two notes and an account, due from one Ellege.
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Writ of error to tho Circuit Court of Tuscaloosa County'. ASSUMPSIT on a promissory note. Pleas, non assumpsit, payment, and set-off. Verdict and judgment for the defendant. The Circuit Court allowed the defendant to give evidence to the jury to prove the consideration of (he note sued, to be the transfer of two notes and an account, due from one Ellege. It was agreed between the plaintiffs and the defendant, when the note was given, that if the latter could not use the notes and account transferred, as a set-off against Ellege, to whom he was indebted, the same should be returned to the…
1Opinion of the CourtGoldthwaite, J.
The bill of exceptions does not disclose any offer to return the notes and account, previous to the maturity of the note given for them, or previous to the institution of this suit; but no question is raised here on this point of the case, and we presume, from the silence of the bill of exceptions, that none was raised in the Circuit Court.
The principle contended for by the counsel of the plaintiffs in error, as governing the case, in our opinion, has no application to it, because the evidence admitted, only shows what was (he contract of the parties, and does not vary from, or contradict,…
2Cited by4 opinions
- Billings v. EverettCalifornia Supreme Court · 1878
- Reader v. HelmsSupreme Court of Alabama · 1876
- Cowan v. CooperSupreme Court of Alabama · 1867
- Sweet v. StevensSupreme Court of Rhode Island · 1863