Adams v. M'Millan
Supreme Court of Alabama
Error t.o the Circuit court of Dallas. Assumpsit on promissory note, tried before Pickens, J. The plaintiffs in error were sued in assumpsit, on a promissory note, in the Circuit court of Dallas, and judgment by default rendered against them. The only error relied on was, that “ the declaration is defective, in not stating a legal liability.”
1Opinion of the CourtCollier, C. J.
— -The declaration, "after setting out the promissory note, its delivery, &c. proceeds thus: “ and said defendants then and there, in consideration of the premises, promised to pay the money specified in said note, to said plaintiff, according to the tenor and effect thereof, yet said defendants have not paid,” &c.
*446It is objected, that this statement of a promise is not sustained by the inference usually thus expressed : “ by means whereof, &c. the said defendants then and there became liable to pay to the said plaintiff, the said note specified, according to the tenor and effect of said…
2Cited by2 opinions
- Leftkovitz v. First National Bank of GadsdenSupreme Court of Alabama · 1907
- Nesbit v. BradfordSupreme Court of Alabama · 1844