Legal Opinion

Whitfield v. Riddle

Supreme Court of Alabama

Decided June 15, 1875PublishedCited by 10 opinions

Appeal from the Circuit Court of Marengo. Tried before Hon. L. R. Smith. This was an action on a promissory note executed by defendant's intestate, and others not sued, on the 3d day of April, 1863, and payable to plaintiff twelve months after date, for .seven thousand five hundred and sixty dollars, “ money loaned.”

Read the full summary

Appeal from the Circuit Court of Marengo. Tried before Hon. L. R. Smith. This was an action on a promissory note executed by defendant's intestate, and others not sued, on the 3d day of April, 1863, and payable to plaintiff twelve months after date, for .seven thousand five hundred and sixty dollars, “ money loaned.” The evidence showed that the note was given for Confederate currency, loaned, and that the payee and makers of the note were at the time resident citizens of Marengo county, Alabama. The court charged the jury that if they believed, from the evidence, that the note was given for…

1Opinion of the CourtManning, J.

The question presented in this cause is, whether a loan made in 1863, in Confederate treasury notes, is a sufficient consideration to sustain as valid a promissory note executed for it to the lender, — in a transaction between persons residing at the time in this State. The court below answered the question in the negative. The supreme court of this State, in Scheible v. Bacho (41 Ala. 423), adjudged a note given for such a consideration to be valid, — Walker, C. J., delivering the opinion of the court. This was in January, 1868.

Afterwards, in 1870, our immediate predecessors on this bench…

2Cases cited6 opinions

  1. Thorington v. SmithSupreme Court of the United States · 1869
  2. Delmas v. Insurance Co.Supreme Court of the United States · 1872
  3. Hale v. Huston, Sims & Co.Supreme Court of Alabama · 1870
  4. Herbert & Gessler v. EastonSupreme Court of Alabama · 1869
  5. Scheible v. BachoSupreme Court of Alabama · 1868

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Micou v. AshurstSupreme Court of Alabama · 1876
  2. Tayloe v. DuggerSupreme Court of Alabama · 1880
  3. Massie v. ByrdSupreme Court of Alabama · 1888
  4. Van Hoose v. BushSupreme Court of Alabama · 1875
  5. Simpson v. Lauderdale CountySupreme Court of Alabama · 1876

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API