Walker v. Greene
Supreme Court of Alabama
Ekeoe to the Circuit Court of St. Clair. Tried before the Hon. Thomas A. Walker. This was an action of assumpsit by the defendant in error against the plaintiff in error, to recover the amount of a promissory note for $200, made by the defendant and one Burwell Sellars.
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Ekeoe to the Circuit Court of St. Clair. Tried before the Hon. Thomas A. Walker. This was an action of assumpsit by the defendant in error against the plaintiff in error, to recover the amount of a promissory note for $200, made by the defendant and one Burwell Sellars. On the trial a bill of exceptions was allowed, by which it appears, that the defendant below offered proof tending to show, that soon after the maturity of the note, and while Burwell Sellars, the co-maker, was still in the country, he made an agreement with the plaintiff, that the defendant was to cut two pair of. mill rocks…
1Opinion of the CourtGibbons, J.
The principle which necessarily controls tbe questions arising upon the bill of exceptions in this case, is, that a liability evidenced by a written contract cannot be discharged by an executory parol agreement. Adams v. Nichols, 19 Pick. 275. It is unnecessary in tbe present case, to decide whether the contract which the defendant’s evidence tends to show, and on which be relied for bis defence, was valid or not. Conceding it to be valid, until it was executed it could afford no defence to tbe note. Tbe charge of tbe court as given to tbe jury seems to recognize this principle, *681•whilst tbe…
2Cited by3 opinions
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- First National Bank v. BurdickNorth Dakota Supreme Court · 1923
- Collins v. SeaySupreme Court of Alabama · 1859