Jordan v. Cobb
Supreme Court of Alabama
Appeal from Circuit Court of Lee. Heard before Hon. Littleberry Strange. Reese, on the 19 th day of March, 1863, sold to McEbhany an interest in a. distillery, Reese receiving in payment therefor an order, drawn by McElhany in favor of Reese npon appellees, for “,$1,100 00 in Confederate currency."
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Appeal from Circuit Court of Lee. Heard before Hon. Littleberry Strange. Reese, on the 19 th day of March, 1863, sold to McEbhany an interest in a. distillery, Reese receiving in payment therefor an order, drawn by McElhany in favor of Reese npon appellees, for “,$1,100 00 in Confederate currency." At the date of the order, as well as at the time of the trial, appellees were indebted to McElhany in a note given by them in 1861 for a good and legal consideration; but not being able to pay the order on presentation, appellees executed to Reese their promissory note, payable one day after date,…
1Opinion of the CourtPeck, C. J.
The evidence disclosed in the bill of exceptions does not show that the note described in the complaint was given without consideration, or that the consid*134«ration was illegal. The order on the defendants for $1,100, payable in Confederate currency, was of some value to tbe payee of tbe note, and its surrender to tbe defendants was a detriment to bim. Tbe order was given to bim for an interest in a distillery sold by bim to tbe drawer of tbe order, and if it bad been protested be might bave recovered of tbe drawer tbe value of so much Confederate currency at tbe date of tbe order, or tbe value…
2Cases cited2 opinions
- Hale v. Huston, Sims & Co.Supreme Court of Alabama · 1870
- Herbert & Gessler v. EastonSupreme Court of Alabama · 1869