Hudson & Stokes v. Weir & Tate
Supreme Court of Alabama
Appeal from the Circuit Court of Benton. Tried before the Hon. Thomas A. Walkek. This action was brought by the appellants, and was founded on the defendants’ promissory note for $100,- dated Sept. 14, 1853, payable on the 25th December then next, to Samuel A. Hollingsworth or order, and assigned by said Hollings-worth to said plaintiffs. The defendants pleaded the general issue, and set-off, in short by consent.
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Appeal from the Circuit Court of Benton. Tried before the Hon. Thomas A. Walkek. This action was brought by the appellants, and was founded on the defendants’ promissory note for $100,- dated Sept. 14, 1853, payable on the 25th December then next, to Samuel A. Hollingsworth or order, and assigned by said Hollings-worth to said plaintiffs. The defendants pleaded the general issue, and set-off, in short by consent. The bill of exceptions, after stating that the plaintiffs read in evidence the note and endorsement, proceeds as follows : “ The proof showed that said note originated in the…
1Opinion of the CourtRice, C. J.
It may be conceded that no title to the notes on Hollingsworth passed to Weir by the contract between him and Dr. Clark in relation to them, if that contract consisted simply of a stipulation, on the part of Clark, that he would sell and deliver them to Weir, for Weir’s note for half their amount, payable in lumber, and of a stipulation on Weir’s part, that he would give his note accordingly for them; for, in that case, the law would regard the stipulations as mutual and dependent, and the sale as incomplete until those stipulations were performed. But, upon the case as presented in the bill…
2Cases cited4 opinions
- Mandeville v. WelchSupreme Court of the United States · 1820
- Welch v. MandevilleSupreme Court of the United States · 1816
- Crawford v. SmithCourt of Appeals of Kentucky · 1838
- Dawson v. ColesNew York Supreme Court · 1819
3Cited by9 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Allen, Bethune & Co. v. Maury & Co.Supreme Court of Alabama · 1880
- Carter v. OwensSupreme Court of Alabama · 1867
- Holmes v. BaileyNebraska Supreme Court · 1884
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