Ashburne v. Gibson's Adm'r
Supreme Court of Alabama
Error to Madison County court. Assumpsit on a promissory note. Verdict and judgment for plaintiff below. This was an action on a promissory note, given to the party injured, pursuant to an agreement for compromise . ing a prosecution for bastardy: and from the bill of exceptions, it appeared, that on the trial of the cause, it was proved, that the prosecution was carried on to conviction against plaintiff in error after the compromise, by a third person, but in carrying on…
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Error to Madison County court. Assumpsit on a promissory note. Verdict and judgment for plaintiff below. This was an action on a promissory note, given to the party injured, pursuant to an agreement for compromise . ing a prosecution for bastardy: and from the bill of exceptions, it appeared, that on the trial of the cause, it was proved, that the prosecution was carried on to conviction against plaintiff in error after the compromise, by a third person, but in carrying on the prosecution, the payee of the note, according to her agreement, had no agency, and died before a conviction was had.…
1Opinion of the CourtGoldthwaite, J.
It is very properly admitted, by the counsel for the plaintiff in error, that he cannot succeed on the first point presented by this case, unless the decision of this court, in the case of Robinson vs. Cren-shaw, (2 Stew. <fc Por. 276,) shall be oyerruled, as the precise question now raised, was then determined.— Whatever doubts wp might entertain, if the question was res integra., we feel constrained to abide by that decision} and are not disposed to re-consider it.
As a compromise of a prosecution of this description, js a sufficient consideration, in law, to uphold a promissory note, the…
2Cited by3 opinions
- Merritt v. FlemmingSupreme Court of Alabama · 1868
- Wilson v. Judge of the Co. CourtSupreme Court of Alabama · 1851
- Looney v. StateAlabama Court of Appeals · 1932