Doss v. Peterson
Supreme Court of Alabama
Appeal from the Circuit Court of Pickens. Tried before the Hon. S. H. Sprott. This action was brought by A. J. Peterson, against Mrs. M. L. Doss and Miss F. E. Doss, who were the widow and sister of S. P. Doss, deceased; and was commenced on the 10th January, 1884. The action was founded on two promissory notes, each signed by the defendants, and payable to the plaintiff; one for $50, dated December 15th, 1881, which purported to be given “for one bay mare named Mattie,” and…
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Appeal from the Circuit Court of Pickens. Tried before the Hon. S. H. Sprott. This action was brought by A. J. Peterson, against Mrs. M. L. Doss and Miss F. E. Doss, who were the widow and sister of S. P. Doss, deceased; and was commenced on the 10th January, 1884. The action was founded on two promissory notes, each signed by the defendants, and payable to the plaintiff; one for $50, dated December 15th, 1881, which purported to be given “for one bay mare named Mattie,” and recited that “the mare is to be bound for said debt;” and the other for $866.67, which was dated December 14th, 1881,…
1Opinion of the CourtSomebyille, J.
— 1. The notes sued on being payable unconditionally, and at a time certain, it was incompetent to prove by parol testimony any promise by the plaintiff, contemporaneous with, or antecedent to the execution of the notes, stipulating for a postponement of the time of payment. Such evidence contradicted the terms of these written instruments, and varied their legal effect, and was properly excluded by the court.
2. The larger of the notes sued on would be supported by a legal consideration, although a.part of it was contracted during the life-time of the deceased husband of Mrs. Doss; such part…
2Cases cited5 opinions
- Underwood v. LovelaceSupreme Court of Alabama · 1878
- Vance v. Wells & Co.Supreme Court of Alabama · 1845
- Hayes v. WoodsSupreme Court of Alabama · 1882
- Thornton v. GuiceSupreme Court of Alabama · 1882
- Hixon v. HetheringtonSupreme Court of Alabama · 1876
3Cited by10 opinions
- Morrisette v. WoodSupreme Court of Alabama · 1900
- Thompson v. HudginsSupreme Court of Alabama · 1896
- Gafford v. TittleSupreme Court of Alabama · 1932
- Ison Finance Co. v. GlasgowSupreme Court of Alabama · 1957
- Baker v. BoonSupreme Court of Alabama · 1892
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