Richardson v. Farnsworth
Supreme Court of Alabama
Farnsworth brought an action of assumps>t in the Circuit Court of Mobile county, and declared against Richardson as maker of anote for §2,591 61, payable to one John Walker, and by said' Walker endorsed to the plaintiff; alleging therein that said endorsement was made before payment of said note, and before the time fixed for payment, of which the defendant had notice, &c. To this declaration the defendant filed two pleas of payment.
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Farnsworth brought an action of assumps>t in the Circuit Court of Mobile county, and declared against Richardson as maker of anote for §2,591 61, payable to one John Walker, and by said' Walker endorsed to the plaintiff; alleging therein that said endorsement was made before payment of said note, and before the time fixed for payment, of which the defendant had notice, &c. To this declaration the defendant filed two pleas of payment. The first appears designed to contain the special circumstances of -the paym-nt, but was left imperfect, from having blanks left for the name of the person to…
1Opinion of the Court
By JUDGE SAFFOLD.
It is to be observed that the bill of exceptions contains blanks for the insertion of a copy of the note and the endorsement there m, from which it is contended, the exceptions tak n are not regularly before the Court. It is conceived, however, that the copies are unnecessary to be shewn in the bill of exceptions. The declaration has but one count; that is a special one, describing the note sued on, under which no other was admissible as evidence. We must therefore infer that the one given in evidence, corresponded with that described in the declaration. But supposing it to…
2Cited by1 opinion
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