Wharton v. Thomason
Supreme Court of Alabama
Appeal from the Circuit Court of Etowah. . Tried before tlie Hon. Leroy F. Box. This action was brought by John F. Thomason, against B. B. Wharton ; was founded on the defendant’s promissory note under seal for $300, which was dated January 8tb, 1866, and payable one day after date, to A. A. Hughes or bearer; and was commenced on the 13th January,. 1873. The note was not produced on the trial, but notice to produce it was given to the defendant, in whose hands it had been…
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Appeal from the Circuit Court of Etowah. . Tried before tlie Hon. Leroy F. Box. This action was brought by John F. Thomason, against B. B. Wharton ; was founded on the defendant’s promissory note under seal for $300, which was dated January 8tb, 1866, and payable one day after date, to A. A. Hughes or bearer; and was commenced on the 13th January,. 1873. The note was not produced on the trial, but notice to produce it was given to the defendant, in whose hands it had been left at the time it was executed, under circumstances hereinafter stated ; and he testified that he could not find it,…
1Opinion of the CourtClopton, J.
The action is brought by appellee, on a note executed by defendant to Hughes, for part of the purchase-money of a tract of land. The note was left with defendant as collateral security for the payment of two notes, made by Johnson and Mrs. Beard respectively, on each of which Hughes was a surety. The note sued on was not to be paid, until the notes of Johnson and Mrs. Beard were paid. The contention was, whether these notes had been paid.
The assignments of error are directed solely to the rulings of the court on the admission and exclusion of evidence. In considering the admissibility of…
2Cases cited1 opinion
- Buffington v. CookSupreme Court of Alabama · 1863
3Cited by3 opinions
- Mitchell v. StateSupreme Court of Alabama · 1901
- Duncan v. FreemanSupreme Court of Alabama · 1895
- West Point Wholesale Grocery Company v. BullsAlabama Court of Appeals · 1968