Thaxton v. Edwards
Supreme Court of Alabama
Jesse Edwards brought an action of assumpsit in the Circuit Court of Montgomery county, to recover of the ■appellant on a note as follows: “On or before the 25th December, 1825, 1 promise to pay Jesse Edwards, the just and full sum of four thousand pounds seed cotton, it being for value received of him, this 16th Octobor, 1823. JAMES THAXTON.”
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Jesse Edwards brought an action of assumpsit in the Circuit Court of Montgomery county, to recover of the ■appellant on a note as follows: “On or before the 25th December, 1825, 1 promise to pay Jesse Edwards, the just and full sum of four thousand pounds seed cotton, it being for value received of him, this 16th Octobor, 1823. JAMES THAXTON.” The defendant pleaded the general issue, and also a special plea, avering that when the cotton was due and payable, according to the tenor and effect of the note, he She defendant was ready, willing and able to pay it accord* ing to its tenor and…
1Opinion of the Court
By the CHIEF JUSTICE.
The validity of a plea of the kind of the one demurred to, came incidentally before the Court on a former occasion, and we believe the opinion then expressed is a sound exposition of the law; but as that case went off on another point, and as the question is now' fairly presented, we have thought it best, for the purpose of putting the question entirely at rest, distinctly to state, that the plea overruled by the Court is a good plea in bar, and we expressly recognize the doctrine laid down in the Case of Lane against Kirkman, at a former term of this Court. If the…
2Cited by6 opinions
- McMurry v. StateSupreme Court of Alabama · 1844
- Plowman v. RiddleSupreme Court of Alabama · 1845
- Russell v. McCormickSupreme Court of Alabama · 1871
- Armstrong v. TaitSupreme Court of Alabama · 1845
- Cobb v. ReedSupreme Court of Alabama · 1830
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