Boyd v. Gilchrist
Supreme Court of Alabama
Error to the Circuit Court of Macon. Before the Hon. Nathan Cook. Action of assumpsit, by defendant, against plaintiff in error, on the money counts. The defendant in the court below, pleaded the general issue, and statute of limitations.
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Error to the Circuit Court of Macon. Before the Hon. Nathan Cook. Action of assumpsit, by defendant, against plaintiff in error, on the money counts. The defendant in the court below, pleaded the general issue, and statute of limitations. The bill of exceptions found in the record, recites, that the plaintiff below produced in evidence the following receipt: “Rec’d of Macom Gilchrist, a note on Samuel MeNiel, for the sum of one hundred and thirteen dollars, dated 6th Sept., payable the 25th Dec’r following, with interest from date. This note is rec’d for collection. Feb’y 20th, 1839. Jas. C.…
1Opinion of the CourtCollier, C. J.
It is insisted, that the receipt of the defendant below for McNeil’s note, should not have been received as evidence, because it designates the party to whom it was given, as Macom, instead of Malcolm Gilchrist, and the mistake is not alleged in the declaration. The bill of exceptions shows it was proved, that the defendant admitted the Christian name expressed in the receipt, was intended for *852the plaintiff’s name, and that he gave the receipt to the plaintiff.
The declaration- is not founded upon the- receipt, but merely embraces- the common counts in assumpsit, and if the mistake may be-…
2Cases cited7 opinions
- Selleck v. FrenchSupreme Court of Connecticut · 1814
- Brown v. GilmanMassachusetts Supreme Judicial Court · 1816
- Commonwealth ex rel. United States v. LewisSupreme Court of Pennsylvania · 1814
- Carson v. Bank of AlabamaSupreme Court of Alabama · 1842
- Nicholas v. KrebsSupreme Court of Alabama · 1847
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3Cited by11 opinions
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- Mobile Light & Railroad Co. v. PortissSupreme Court of Alabama · 1915
- Jean v. SandifordSupreme Court of Alabama · 1864
- State v. LottSupreme Court of Alabama · 1881
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