Legal Opinion

McWhorter v. Lewis

Supreme Court of Alabama

Decided June 15, 1842PublishedCited by 15 opinions

Wxx~ of Error to the Circuit Court of Autauga. The defendant in error declared against the plaintiff in as-sumpsit on a promissory note of the following tenor, viz: "~553 00. On the first day of January next, I promise to pay Henry Lewis, or bearer, five hundred and fifty-three dollars, for the hire of three negro men for the present year, to wit, Billy, Abram and Anderson, this 19th January, 1888. ALVIN A. McWxoRTxx, President W. 4~ Coosa 1?. R. Company.". The defendant…

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Wxx~ of Error to the Circuit Court of Autauga. The defendant in error declared against the plaintiff in as-sumpsit on a promissory note of the following tenor, viz: "~553 00. On the first day of January next, I promise to pay Henry Lewis, or bearer, five hundred and fifty-three dollars, for the hire of three negro men for the present year, to wit, Billy, Abram and Anderson, this 19th January, 1888. ALVIN A. McWxoRTxx, President W. 4~ Coosa 1?. R. Company.". The defendant pleaded-i. Non assumpsit. 2. That the Legislature, on the 9th of January, 1836, incorporated by statute the Wetumpka and…

1Opinion of the Court

COLLIER, C. .1.

Lazarus, use,&c. v. Shearer, [2 Ala. Rep. 718,] was an action against the defendant as the acceptor of a bill of exchange, which was addressed to and accepted by him, as “ President of the Selma and Tennessee Rail Road Company.” The cause was tried on the'plea of non assumpsit, under which it was attempted to be shown that the bill was drawn and accepted on account of the indebtedness of the company to the drawer, and was received by the payee as imposing a liability on the corporation. But the question of the admissibility of such evidence being raised, this Court were of…

2Cases cited2 opinions

  1. Lazarus v. ShearerSupreme Court of Alabama · 1841
  2. M'Alpin v. MaySupreme Court of Alabama · 1828

3Cited by15 opinions

  1. Wood v. ComanSupreme Court of Alabama · 1876
  2. Mobile & Montgomery Railway Co. v. GilmerSupreme Court of Alabama · 1888
  3. Ala. Coal Mining Co. v. BrainardSupreme Court of Alabama · 1860
  4. Drake v. Elewellen & Co.Supreme Court of Alabama · 1858
  5. Wimberly v. DallasSupreme Court of Alabama · 1875

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