Folmar v. Siler
Supreme Court of Alabama
Appeal from Pike Circuit Court. Tried before Hon. John P. Hurraed. This action was brought by the appellant against the appellee, W. D. Siler, and sought to recover upon two promissory notes signed by W. S. Siler and defendant, which notes were payable to the plaintiff one day after date. The facts of the case, as shown by the evidence, are sufficiently stated in the opinion.
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Appeal from Pike Circuit Court. Tried before Hon. John P. Hurraed. This action was brought by the appellant against the appellee, W. D. Siler, and sought to recover upon two promissory notes signed by W. S. Siler and defendant, which notes were payable to the plaintiff one day after date. The facts of the case, as shown by the evidence, are sufficiently stated in the opinion. During the argument of plaintiff’s counsel, he stated to the jury what was the testimony of one of the Avitnessqs examined on the trial. The defendant’s counsel interrupted plaintiff’s counsel, objected to the statement…
1Opinion of the CourtDowdell, J.
— It is conceded that the notes sued on represent funds that had been embezzled from the payee —the plaintiff in this case — by the son of the defendant, and that the same were given to secure the payment of the amount so embezzled, with interest in the face .of the notes at the rate of 8 per cent per annum for one year in one note and two years in the other, and that the defendant signed the same as surety for his son. On the trial of the cause, by agreement of parties, the pleadings were in short by consent with leave to give in evidence any matter which might be specially pleade d.
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2Cases cited3 opinions
- Pettit's Adm'r v. Pettit's DistributeesSupreme Court of Alabama · 1858
- Moog v. StrangSupreme Court of Alabama · 1881
- Clark v. ColbertSupreme Court of Alabama · 1880
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- Whitcomb v. ShultzCourt of Appeals for the Second Circuit · 1915
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