Wilson v. Jones
Supreme Court of Alabama
Writ of Error to the Circuit Court of Lawrence. Assumpsit by Jones against Wilson, to recover a sum of money upon a note promising to pay three thousand five hundred and sixty dollars and fifteen cents, for value received, payable in Alabama Bank or Branch notes..
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Writ of Error to the Circuit Court of Lawrence. Assumpsit by Jones against Wilson, to recover a sum of money upon a note promising to pay three thousand five hundred and sixty dollars and fifteen cents, for value received, payable in Alabama Bank or Branch notes.. At the trial, after giving the note in evidence to the jury, the plaintiff offered a witness to prove the value of the bank notes of the Bank of the State of Alabama and its Branches, at the time when the note sued on fell due. This evidence was allowed against the objection of the defendant. The Court instructed the jury, that the…
1Opinion of the CourtGoldthwaite, J.
We think the charge to the jury upon the meaning to be attached to the words •' Alabama Bank or Branch Bank notes,” was entirely correct. It is scarcely possible for Courts of justice to be ignorant of that which every one besides would be presumed to know. In the present case, no evidence could make the intention of the contract more clear than it is expressed. In common parlance, the Bank of the State of Alabama is frequently termed the State Bank — the Alabama Bank — the Bank of Alabama; and the promise to pay a sum of money in Alabama Bank or Branch notes, has no other meaning *538than that…
2Cited by5 opinions
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