Moore v. Davidson
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. Tried before the Hon. Nathan Cook. This was an action of debt by the defendant against the plaintiffs in error as administrators, &c., of Daniel M. Forney, deceased, on a writing obligatory, by which the said Forney as principal, and two others as his securities promised “ to pay William Lee Davidson the sum of three thousand five hundred dollars for value received.”
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Error to the Circuit Court of Lowndes. Tried before the Hon. Nathan Cook. This was an action of debt by the defendant against the plaintiffs in error as administrators, &c., of Daniel M. Forney, deceased, on a writing obligatory, by which the said Forney as principal, and two others as his securities promised “ to pay William Lee Davidson the sum of three thousand five hundred dollars for value received.” The writ issued against the plaintiffs in error and one Jones M. Withers, as the administrators of Forney, and being returned noil 'cst as to Withers, the plaintiff below declared against…
1Opinion of the CourtParsons, J.
After a very full examination of the statutes and common law upon the question, I am entirely satisfied that the plaintiff below had no right, under the circumstances, to discontinue his action as to Withers and to go on against Moore & Jones ; and I think the whole action was discontinued by the discontinuance as to Withers. But a majority of the court think differently, and that there was no error on that point.
2. We all think that parol evidence was not admissible to prove that it was the agreement or understanding .ef the parlies that the money secured by the writing obligatory should be…
2Cited by4 opinions
- Cubbedge, Hazlehurst & Co. v. NapierSupreme Court of Alabama · 1878
- Dawson v. BurrusSupreme Court of Alabama · 1882
- State v. Kenosha Home Telephone Co.Wisconsin Supreme Court · 1914
- Broughton's Adm'r v. BradleySupreme Court of Alabama · 1860