Rice's Adm'r v. Rice
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before tbe Hon. Luther R. Smith. This action was brought by Mary Rice, a freed-woman, against Benjamin E. Richardson, as the administrator of the estate of Boykin Rice, deceased; and was commenced on the 17th August, 1878. The original complaint contained only a single count, claiming $164 for work and labor done by plaintiff for defendant’s intestate during the years 1873, 1874, 1875, 1876, and 1877; but an amended complaint…
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Appeal from the Circuit Court of Greene. Tried before tbe Hon. Luther R. Smith. This action was brought by Mary Rice, a freed-woman, against Benjamin E. Richardson, as the administrator of the estate of Boykin Rice, deceased; and was commenced on the 17th August, 1878. The original complaint contained only a single count, claiming $164 for work and labor done by plaintiff for defendant’s intestate during the years 1873, 1874, 1875, 1876, and 1877; but an amended complaint was filed, claiming $500 “ due on tbe 13th day of May, 1877, by a contract, or writing obligatory, made by tbe defendant’s…
1Opinion of the CourtSomebyille, J.
A promissory note may be defined to be, a written promise to pay money ; and while the word “promise ” need not be used, words of equivalent import are required, the fair construction of which would be tantamount to a promise, express or implied—1 Parsons B. & N. 14, 25; Fleming v. Burge, 6 Ala. 373.
The instrument sued on in this case is, in the body of it, called a “note.” It purports to be a gift of five hundred dollars, payable “ after the death ” of the maker. Words are used *218seeking to prohibit the transfer or assignment of it to any third person. It is not, strictly, a promissory note;…
2Cases cited5 opinions
- Kinnebrew's Distributees v. Kinnebrew's AdministratorsSupreme Court of Alabama · 1860
- Hall v. BurkhamSupreme Court of Alabama · 1877
- Gillham Sisters v. MustinSupreme Court of Alabama · 1868
- Fleming, Linn & Co. v. BurgeSupreme Court of Alabama · 1844
- McGuire v. President & Directors Bank of MobileSupreme Court of Alabama · 1868
3Cited by14 opinions
- Henderson v. HendersonSupreme Court of Alabama · 1923
- Stamper v. VenableTennessee Supreme Court · 1906
- Sharp v. HallSupreme Court of Alabama · 1888
- Abney v. MooreSupreme Court of Alabama · 1894
- McLain v. GarrisonCourt of Appeals of Texas · 1905
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