Aldridge v. Br. Bank
Supreme Court of Alabama
Error to the Circuit Court of Morgan. Tried before the the Hon. S. C. Posey. This was an action by the defehflhnt hghinst the plaintiff in error on a promissory note, which bore date on Sunday.
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Error to the Circuit Court of Morgan. Tried before the the Hon. S. C. Posey. This was an action by the defehflhnt hghinst the plaintiff in error on a promissory note, which bore date on Sunday. The facts appear in the opinion. 1. The court erred in refusing to charge the jury that they must exclude the testimony of William Mailer, the witness, which is fully set forth in the bill of exceptions, because when parties enter into a contract and reduce its stipulations to writing, the written memorial of the contract is the sole expositor af its terms. — 7 Ala. R. 679, and 10 Ala. R. 548. 2. The…
1Opinion of the CourtChilton, J.
The witness, Mailer, proved that this note was left with him as the discount clerk of the Branch Bank at Decatur, to he laid before the board to extend the indebtedness of the plaintiff in error to that bank: That it was by him presented to the board, passed upon, anu by him filled up and dated back one month, so as to correspond with a cash payment made by the debtor to the bank: That none of this business was transacted on Sunday, but the note bears date on Sunday. A motion was made in the court below to exclude the whole of, Mailer’s testimony, upon the ground that it was irrelevant and…
2Cases cited1 opinion
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
3Cited by9 opinions
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Nelson v. BrownSupreme Court of Alabama · 1910
- Burns & Co. v. Moore & McGeeSupreme Court of Alabama · 1884
- Ehrmann v. StitzelCourt of Appeals of Kentucky · 1906
- Hauerwas v. GoodloeSupreme Court of Alabama · 1893
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