Agnew v. Walden & Son
Supreme Court of Alabama
Appeal from Cherokee Circuit Court. Tried before Hon. John B. Tally. On the trial the court refused to allow defendant, Agnew, to introduce any testimony tending to show failure of consideration of the note sued on, and set out in the opinion, and charged the jury that if they believed the evidence they must find for plaintiffs for the amount of said note with interest thereon.
1Opinion of the CourtStone, C. J.
The present suit was brought on a bond, or note under seal, of which the following is a copy:
“$500.00. One day after date I promise to pay to Walden & Son or bearer five hundred dollars, and to secure the same I hereby waive all exemption or relief laws under the statutes and constitution of Alabama — said sum being retainer to said Walden & Son as my attys, in case of State of Alabama against me, charged with homicide. Witness my hand and seal this Oct. 9th, 1884.
J. E. Dorsey (Seal).”
When this note or bond was given Dorsey was in jail under a charge of murder. Soon afterwards, and before any…
2Cases cited10 opinions
- Walker v. TuckerIllinois Supreme Court · 1873
- Mudge v. TreatSupreme Court of Alabama · 1876
- Maull v. VaughnSupreme Court of Alabama · 1871
- Halfman's v. Ellison & SonsSupreme Court of Alabama · 1874
- Smith v. FellowsSupreme Court of Alabama · 1877
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Allison v. LittleSupreme Court of Alabama · 1890
- Harris v. RootMontana Supreme Court · 1903
- Pickens Co. v. ThomasSupreme Court of Georgia · 1922
- Schaffner v. KöberIndiana Court of Appeals · 1891
- Kirman v. PowningNevada Supreme Court · 1900
10 more not listed; retrieve them via the Exa API.