Gayle v. Hudson
Supreme Court of Alabama
Writ of Error to the Circuit Court of Dallas. The defendants in error, by the name of William Hudson and Sylvester J. James, discontinuing their suit againsl Robert J. Lawrence, declared against George W. Gayle and Matthew Gayle, in debt.
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Writ of Error to the Circuit Court of Dallas. The defendants in error, by the name of William Hudson and Sylvester J. James, discontinuing their suit againsl Robert J. Lawrence, declared against George W. Gayle and Matthew Gayle, in debt. The declaration commences by reciting that the plaintiffs did, on the 23d day of October, 1838, file their libel in the county court of Dallas against the steamboat Fox, her tackle, &c. upon which such proceedings were had, that the boat was regularly seized and the plaintiff, Hudson, recovered a judgment against it, for the sum of $166 60, and costs; and…
1Opinion of the CourtCollier, C. J.
The most important inquiry in this cause is, whether it is allowable to show by parol evidence, a mistake in the name of one of the obligees, and whether Jamies instead of Jones was intended. It is admitted as a general rule, where parties have enterred into a contract in *124writing, they are presumed to have expressed their agreement truly, and cannot be allowed to add to, vary, explain or contradict it by parol testimony, but it is insisted that the proof in the present case, and the purpose for which it was offered, does not come within the rule, or forms an exception to its operation. The…
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- Abbe v. GoodwinSupreme Court of Connecticut · 1829
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3Cited by12 opinions
- McDonald v. U.S. Die Casting and Dev.Supreme Court of Alabama · 1991
- Wood v. ComanSupreme Court of Alabama · 1876
- Troy v. Smith & ShieldsSupreme Court of Alabama · 1859
- Satterwhite v. StateSupreme Court of Alabama · 1856
- Archer v. McClureSupreme Court of North Carolina · 1914
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