Perry v. Johnston
Supreme Court of Alabama
APPEAL from the Circuit Court of Montgomery. Tried before the Hon. James Q,. Smith. This is a suit brought in the Circuit Court of Montgomery county by Nelson W. Perry, to recover the amount due on a bill of exchange drawn by William H. Johnston, William Johnston and W. W. Screws, the defendants. On the trial, “the plaintiff read in evidence the bill of exchange described in the complaint, and protest thereof for non-payment.”
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APPEAL from the Circuit Court of Montgomery. Tried before the Hon. James Q,. Smith. This is a suit brought in the Circuit Court of Montgomery county by Nelson W. Perry, to recover the amount due on a bill of exchange drawn by William H. Johnston, William Johnston and W. W. Screws, the defendants. On the trial, “the plaintiff read in evidence the bill of exchange described in the complaint, and protest thereof for non-payment.” The defendant, William H. Johnston, testified that the bill of exchange “was given for a Jersey bull, named Jesse, purchased by him from William H. Roberts, the payee…
1Opinion of the Court
BRICKELL, C. J.—
The silence of a party against whom a claim or right is asserted, is a fact which may be shown in an action for the enforcement of such claim or right; and from it the jury may infer an admission of the truth of the assertion.— Watson v. Byers, 6 Ala. 393; Wheat v. Croom, 7 Ala. 349; Hicks v. Lawson, 39 Ala. 90. The rule is said forest “ on that instinct of our nature, which leads us to resist an unfounded demand.” The common sense of mankind is expressed in the popular phrase, silence gives consent, which is but another form of expressing the maxim of the law, qui facet…
2Cases cited12 opinions
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Barnett v. StantonSupreme Court of Alabama · 1841
- Atwood's Adm'r v. WrightSupreme Court of Alabama · 1856
- Pritchett v. MunroeSupreme Court of Alabama · 1853
- Blackman v. JohnsonSupreme Court of Alabama · 1859
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3Cited by20 opinions
- Hafer v. ColeSupreme Court of Alabama · 1912
- Stone v. WalkerSupreme Court of Alabama · 1917
- Brown v. Freeman & BynumSupreme Court of Alabama · 1885
- Consumers Coal & Fuel Co. v. YarbroughSupreme Court of Alabama · 1915
- Maxwell v. ShermanSupreme Court of Alabama · 1911
15 more not listed; retrieve them via the Exa API.