Payne v. Long
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried before the Hon. A. A. Coleman. This is an action on a promissory note brought by the appellant, E. W. Payne, as the executor of F. M. Payne, against P. M. Long as maker of the note.
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Appeal from the Circuit Court of Walker. Tried before the Hon. A. A. Coleman. This is an action on a promissory note brought by the appellant, E. W. Payne, as the executor of F. M. Payne, against P. M. Long as maker of the note. For a defense, defendant claimed that when the note was made, there was attached thereto a memorandum which was substantially as follows: “This note is subject to an adjustment about the number of acres included in the deed from Payne to me”; “This note is subject to an adjustment about the number of acres in the Whitney land”; “Subject to adjustment of the land…
1Opinion of the CourtTyson, J.
The statement of defendant as a witness that he never gave any other note with a condition in it to plaintiff's, testator or any one else involved no transaction with the deceased and is not within the exception to the competency of parties as witnesses under section 1794 of the Code. — Morrissett v. Wood, 123 Ala. 384; Gamble v. Whitehead, 94 Ala. 335; Wood v. Brewer, 73 Ala. 259.
The court, against the objection of plaintiff, permitted the defendant to state his version of a conversation and all else that occurred in the Florence Hotel between himself and the plaintiff’s testator for the…
2Cases cited6 opinions
- Miller v. Cannon & Co.Supreme Court of Alabama · 1887
- Wood v. Brewer & BrewerSupreme Court of Alabama · 1882
- Morrissett v. WoodSupreme Court of Alabama · 1898
- Payne v. LongSupreme Court of Alabama · 1898
- Frank v. ThompsonSupreme Court of Alabama · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Warten v. BlackSupreme Court of Alabama · 1915
- Blount v. BlountSupreme Court of Alabama · 1909
- Qualls v. Monroe County BankSupreme Court of Alabama · 1934
- Royall v. HollowayTexas Supreme Court · 1927
- Wesson v. TaylorSupreme Court of Alabama · 1940
3 more not listed; retrieve them via the Exa API.