Handley v. Dobson's Adm'r
Supreme Court of Alabama
Writ of error to the Circuit Court of Talladega. The defendant in error declared against the plaintiff upon a promissory note, by which the latter, on the 26th of August, 1842, promised to pay the intestate of the former, the sum of three hundred dollars, on the 25th of December, 1843. The cause was tried on the pleas of non assumpsit, set off, want of consideration, and failure of consideration.
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Writ of error to the Circuit Court of Talladega. The defendant in error declared against the plaintiff upon a promissory note, by which the latter, on the 26th of August, 1842, promised to pay the intestate of the former, the sum of three hundred dollars, on the 25th of December, 1843. The cause was tried on the pleas of non assumpsit, set off, want of consideration, and failure of consideration. On the trial, the defendant offered in evidence a note of the following tenor, subscribed by the intestate, viz : “By the first day of October next, I promise to pay James M. Handley or bearer, fifty…
1Opinion of the CourtCollier, C. J.
— Under our statute it has been held, that unliquidated damages are not the. subject of a set off. [Dunn use, &c. v. White and McCurdy, 1 Ala. Rep. N. S. 645.] “ The damages resulting from the breach of a contract, are unliquidated, when there is no criterion provided by the parties, or by law, for its ascertainment.” [McCord v. Williams and Love, 2 Id. 71; see Clay’s Dig. 338, § 141; Reab v. Mc-Allister, 8 Wend. Rep. 112; Butts v. Collins, 13 Id. 139; McDonald v. Neilson, 2 Cow. Rep. 139; Hepburn v. Hoag, 6 Cow. Rep. 613; Gordon v. Bowne, 2 Johns. Rep. 150, 155,]
The writing offered as a set…
2Cases cited3 opinions
- Reab v. McAlisterCourt for the Trial of Impeachments and Correction of Errors · 1831
- M'Donald v. NeilsonCourt for the Trial of Impeachments and Correction of Errors · 1823
- Hepburn v. HoagNew York Supreme Court · 1827
3Cited by5 opinions
- Sledge v. Swift, Murphy & Co.Supreme Court of Alabama · 1875
- Smith v. WarnerMichigan Supreme Court · 1866
- Smith v. HuieSupreme Court of Alabama · 1848
- Patterson v. BlakeneySupreme Court of Alabama · 1858
- Lynch v. BraggSupreme Court of Alabama · 1848