Hill's Adm'r v. Erwin
Supreme Court of Alabama
Appeal from tbe Circuit Court of Hale, Tried before tbe Hon. George H. Craig. This case has been before this court on two former appeals, and may be found reported in 44 Ala. 661-8, and 51 Ala. 580-84; the judgment of the court below being each time reversed, and the cause remanded.
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Appeal from tbe Circuit Court of Hale, Tried before tbe Hon. George H. Craig. This case has been before this court on two former appeals, and may be found reported in 44 Ala. 661-8, and 51 Ala. 580-84; the judgment of the court below being each time reversed, and the cause remanded. Tbe action was brought by Mrs. Susan B. Hill, as tbe administratrix of ber deceased husband, Charles W. Hill, against George Erwin and Allen C. Jones ; was commenced on the 9th March, 1866, and was founded on the defendants’ promissory note for $40,286.98, dated the 10th Eebruary, 1863, and payable to tbe…
1Opinion of the CourtStone, J.
The receipt given to Erwin, the credit indorsed on the note, and even the testimony of Mr. Erwin, all prove, that the said sum of thirty-two thousand five hundred and forty-five 73-100 dollars was simply a payment. When made, Erwin received a receipt, which he produced on the trial, in the following language : “"Received, 1st June, 1864, on the within note, thirty-two thousand five hundred and forty-five 73-100 dollars.” (Signed) “Susan Hill, by H. Tinker.” The language of this receipt, and all the circumstances, show conclusively that this was intended as payment, pro tanto. Erwin paid it…
2Cases cited5 opinions
- Thorington v. SmithSupreme Court of the United States · 1869
- Riddle v. Hill's AdministratorSupreme Court of Alabama · 1874
- Whitfield v. RiddleSupreme Court of Alabama · 1875
- Herbert & Gessler v. EastonSupreme Court of Alabama · 1869
- Ponder v. ScottSupreme Court of Alabama · 1870
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