Hiscox v. Hendree
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cooe. Assujipsit by William H. Hiscox against John Hendree, on two promissory notes, each for $325, dated January 1st, 1851, payable six and twelve months after date to the order of G. D. Hiscox, and by him endorsed to plaintiff.
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Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cooe. Assujipsit by William H. Hiscox against John Hendree, on two promissory notes, each for $325, dated January 1st, 1851, payable six and twelve months after date to the order of G. D. Hiscox, and by him endorsed to plaintiff. On the trial, after the plaintiff had read his notes in evidence, the defendant introduced evidence tending to show that said notes were given in part payment of a philosophical apparatus for which he had contracted with said G. D. Hiscox by letter at .the price of $1300 ; that the balance of the…
1Opinion of the CourtChilton, C. J.
1. If the rules prescribed by the Code, as affecting the testimony in causes, are to be applied to cases which were pending before the 17th January, 1853, when the Code went into operation, then it is clear, that by section 2290, G-. D. Hiscox, the transferror of the note sued on, is not a competent witness for the transferree, to sustain the cause of action ; the matter in controversy exceeding three hundred dollars. — See section 2313.
But section 12 expressly declares, that “ No action, or proceeding, commenced before the adoption of this Code, is affected by its provisions.” When the…
2Cases cited1 opinion
- Dent v. PortwoodSupreme Court of Alabama · 1850
3Cited by7 opinions
- McDougald's Adm'r v. DoughertySupreme Court of Alabama · 1864
- Bressan v. HerrickIdaho Supreme Court · 1922
- Crutcher v. Memphis & Charleston RailroadSupreme Court of Alabama · 1863
- Banks v. MobleyAlabama Court of Appeals · 1912
- Cornelius v. CopelandSupreme Court of Alabama · 1963
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