M'Coy v. Moss
Supreme Court of Alabama
On a writ of error to the Circuit Court of Chambers county. In this case, M’Coy declared against the defendants in error, upon a promissory note; and in de-fence, the defendants plead, First — non assumpsit: secondly — award: and thirdly — a failure of consideration. Upon each plea, the plaintiff took issue to the country; and a verdict was rendered in favor of the defendants.
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On a writ of error to the Circuit Court of Chambers county. In this case, M’Coy declared against the defendants in error, upon a promissory note; and in de-fence, the defendants plead, First — non assumpsit: secondly — award: and thirdly — a failure of consideration. Upon each plea, the plaintiff took issue to the country; and a verdict was rendered in favor of the defendants. It appeared in the progress of the trial, that the consideration of the note sued upon, was the sale of two negro slaves to the defendants, under a bill of sale, in the following words: “The State of Alabama, Chambers…
1Opinion of the CourtGoldthwaxte, J.
The payment of the note' on which the action is founded, was resisted on the ground "of a failure of consideration, which is disclosed by the bill of exceptions to have been two slaves, sold by M’Coy to Newberry.
*90For these slaves, a bill of sale was executed, using words passing a present interest, and containing a warranty, that the slaves sold, were sound and free from the claims of all persons whatever, hut, nothing is mentioned of delivery.
The defendants proved by parol evidence, that the plaintiff was, by the contract, to deliver a certain negro fellow to them, and that no delivery was…
2Cited by2 opinions
- M'Cutchen's Adm'rs v. M'CutchenSupreme Court of Alabama · 1839
- Jones v. BallardAlabama Court of Appeals · 1923