Jackson's Adm'r v. Jackson
Supreme Court of Alabama
Writ of error to the Circuit Court of Sumter. This was an action of assumpsit at the suit of the plaintiff in error on a promissory note of the following tenor, viz: “ One day after date, I promise to pay Hiram Jackson, administrator of the estate of Randal Jackson, deceased, or bearer, the sum of four hundred and twenty-seven dollars and ten cents, for value received. This the 9th April, 1841. Peter Jackson. Drura Jackson.”
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Writ of error to the Circuit Court of Sumter. This was an action of assumpsit at the suit of the plaintiff in error on a promissory note of the following tenor, viz: “ One day after date, I promise to pay Hiram Jackson, administrator of the estate of Randal Jackson, deceased, or bearer, the sum of four hundred and twenty-seven dollars and ten cents, for value received. This the 9th April, 1841. Peter Jackson. Drura Jackson.” Drura Jackson pleaded, 1. Non-assumpsit. 2. That without any consideration he placed his name to the note declared on, “after the same had been made, executed and…
1Opinion of the CourtCollier, C. J.
— The pleadings in this case seem to have been made up by consent of parties, without any particular regard to form — the first plea, being the title of the general issue merely, and the second affirming only what is said in the statement of this case, and in the terms we have there employed. As the counsel of the parties have been thus liberal to each other, we shall endeavor fairly to interpret the second plea, without subjecting it to too rigid a criticism.
In alledging that the surety subscribed his name to the note, without any consideration, we are not understood that he merely denied,…
2Cited by15 opinions
- Rutledge's Adm'r v. Townsend, Crane & Co.Supreme Court of Alabama · 1863
- Stroud v. ThomasCalifornia Supreme Court · 1903
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Anderson v. Bellenger & RallsSupreme Court of Alabama · 1888
- Thomason v. DillSupreme Court of Alabama · 1857
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