Bryant v. J. & T. Simpson
Supreme Court of Alabama
This was an action of covenant, commenced in the Circuit Court of Lauderdale county, by Ihe defendants in error, as surviving partners of Alexander McFaddin, against the plaintiff in error, founded on an instrument, of whi.'h the following is a copy: “On or before the fir.-t day of January, 1S25, I promise to pay John Simpson & Co. the amount of a note of hand under seal, given by me to Geoi'ge F. Huber, for seventy four dollars, fifty six cents, together with costs of suit…
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This was an action of covenant, commenced in the Circuit Court of Lauderdale county, by Ihe defendants in error, as surviving partners of Alexander McFaddin, against the plaintiff in error, founded on an instrument, of whi.'h the following is a copy: “On or before the fir.-t day of January, 1S25, I promise to pay John Simpson & Co. the amount of a note of hand under seal, given by me to Geoi'ge F. Huber, for seventy four dollars, fifty six cents, together with costs of suit and intertst from the date thereof. In testimony whereof, witness my hand and seal, this 26th day of July, 1824. to be…
1Opinion of the Court
B37 JUDGE TAYLOR.
Several matters are assigned as error in this cause, some of which relate to the declaration, and others to the proceedings in the Court below. It is insisted, that the declaration does not shew a cause of action with sufficient certainty. The declaration is founded on a sealed instrument, of which it gives the following description: ‘‘Said defendant, on the 25th day of Juty, ¡824, at, to wit: in the county aforesaid, made his certain writing, obligatory of that date, sealed with his seal, and to the Court now here shewn, whereby he promised and bound himself, and covenanted…
2Cited by11 opinions
- Durant v. HamrickSupreme Court of Alabama · 1981
- Gregory v. McNealySupreme Court of Florida · 1868
- Skelton v. WeaverSupreme Court of Alabama · 1957
- United States Steel Corporation v. GoodwinSupreme Court of Alabama · 1958
- Linch v. ScottAlabama Court of Appeals · 1922
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