Milton v. DeYampert
Supreme Court of Alabama
Writ of error to the Circuit Court of Mobile county. ASSUMPSIT. The declaration contained three special counts — the first and third, on a guaranty, and the second, on a promissory note. Also, a general count, for igo ods, wares, &c. — money lent and advanced, paid, had and received, and on an insimul competassent. The case was submitted to a jury as on issue joined, and a verdict was returned, on which judgment was given for the plaintiff.
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Writ of error to the Circuit Court of Mobile county. ASSUMPSIT. The declaration contained three special counts — the first and third, on a guaranty, and the second, on a promissory note. Also, a general count, for igo ods, wares, &c. — money lent and advanced, paid, had and received, and on an insimul competassent. The case was submitted to a jury as on issue joined, and a verdict was returned, on which judgment was given for the plaintiff. At the trial, the plaintiff produced and read in evidence, two promissory notes, each for the sum of fifteen hundred dollars, dated the 17th March, 1837,…
1Opinion of the CourtGoldthwaite, J.
We have not considered it important to examine the special counts of the declaration in this case, to see whether the evidence was properly applicable to them, because, in our opinion, it was clearly admissible under the general count. The only objection urged against its application under this count, is, that no sufficient consideration is shown, moving from the plaintiff to the defendant. But with us, all written instruments for the payment of a debt, or for the performance of a duty, import a consideration, whether under seal or otherwise, and by statute, are declared to be evidence of the…
2Cases cited2 opinions
- Dean v. HallNew York Supreme Court · 1837
- Chamberlain v. DarringtonSupreme Court of Alabama · 1837
3Cited by14 opinions
- Donley v. CampSupreme Court of Alabama · 1853
- Ellis v. BrownNew York Supreme Court · 1849
- Alabama National Bank v. RiversSupreme Court of Alabama · 1896
- Hullum v. State BankSupreme Court of Alabama · 1851
- Carter v. OdomSupreme Court of Alabama · 1898
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