Baker v. Boon
Supreme Court of Alabama
Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. S. H. Sprott. This was an action of assumpsit brought by C. C. Baker against W. P. Boon on a promissory note. There was judgment for defendant and plaintiff appeals. The special pleas filed by the defendant and the replications thereto, as well as the demurrers, are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. S. H. Sprott. This was an action of assumpsit brought by C. C. Baker against W. P. Boon on a promissory note. There was judgment for defendant and plaintiff appeals. The special pleas filed by the defendant and the replications thereto, as well as the demurrers, are sufficiently stated in the opinion. On the trial of the case, as is shown by the bill of exceptions, after the introduction of the note made by W. P. Boon to one J. Rich, and which had been assigned by J. Rich to the plaintiff, the plaintiff rested his cause.…
1Opinion of the CourtColeman, J.
Appellant Baker sued the defendant upon a promissory note, which resulted in a verdict and judgment for the defendant. The ruling of the court upon questions arising upon two pleas, are presented for consideration. The first plea marked “A” was that of payment. To this plea there was a replication, to the effect, that plaintiff purchased the note upon the statement and representation of the defendant that the note evidenced a just claim, and that there was no defense against it. The plea of payment authorized the introduction of evidence to show the payment of the note at some time subsequent…
2Cases cited8 opinions
- Holland v. BarnesSupreme Court of Alabama · 1875
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3Cited by8 opinions
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