Wilson v. Bozeman
Supreme Court of Alabama
Appeal from the Circuit Court of Hale. , Tried before Hon. M. J. Sappold. Appellant brought this action against appellees to recover the amount of a promissory note made by them.
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Appeal from the Circuit Court of Hale. , Tried before Hon. M. J. Sappold. Appellant brought this action against appellees to recover the amount of a promissory note made by them. They pleaded, “in short by consent,” that the consideration of the note sued on was Confederate States treasurybotes, commonly called Confederate money; and further, “ that the consideration of the contract sued on is illegal and void, and against public policy.”- . The plaintiff replied, “ that the note sued on was signed and given by defendants to plaintiff in part payment and settlement, by way of compromise, of…
1Opinion of the CourtPeters, J.
This is an action of debt founded upon a promissory note given in compromise of debt for the loan of Confederate treasury-notes. A contract based upon such consideration is void, as against the public policy both *75of the State and tbe general government, and no recovery can be bad upon it in our courts.- — Lawson v. Miller, 44 Ala. 616; Rev. Code, §§ 1176, 1177, 3643, 3644.
Tbe facts set out in tbe record show that tbe plaintiff in the court below was not entitled to recover. When this is tbe case, such errors as may have been committed in tbe course of tbe trial below are errors without…
2Cases cited1 opinion
- Lawson v. MillerSupreme Court of Alabama · 1870
3Cited by1 opinion
- Tompkins v. ComptonSupreme Court of Georgia · 1893