Simpson v. Lauderdale County
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale. Tried before tbe Hon. James S. Clark. This action was brought by William Simpson, as the surviying partner of the late firm of Tate, Simpson & Co., against Lauderdale county as a corporation; was commenced on the 7th August, 1869, and was founded on two promissory notes, or instruments in writing, in the following words: “$500. Florence, Ala., May 12, 1862. By authority of the Commissioners’ Court of Lauderdale county, Alabama, I…
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Appeal from the Circuit Court of Lauderdale. Tried before tbe Hon. James S. Clark. This action was brought by William Simpson, as the surviying partner of the late firm of Tate, Simpson & Co., against Lauderdale county as a corporation; was commenced on the 7th August, 1869, and was founded on two promissory notes, or instruments in writing, in the following words: “$500. Florence, Ala., May 12, 1862. By authority of the Commissioners’ Court of Lauderdale county, Alabama, I have this day borrowed of Tate, Simpson & Co. five hundred dollars, which amount is to bear interest, at tbe rate of…
1Opinion of the CourtBeickell, C. J.
It is apparent that the Circuit Court, in the charge to the jury, intended to assert the invalidity of executory contracts, of which Confederate treasury-notes were the consideration. Such was the decision of this court on that question, at the time of the trial of this cause in the court below. But there has been a change of decision since that time; and the rule now prevailing is, that such notes are a sufficient consideration to support a contract, made while they were the circulating medium.— Whitfield v. Riddle, 52 Ala. 467; Wyatt v. Evins, 52 Ala. 285.
2. Conceding that the charge…
2Cases cited3 opinions
- Soper v. Henry CountySupreme Court of Iowa · 1868
- Whitfield v. RiddleSupreme Court of Alabama · 1875
- Wyatt v. EvinsSupreme Court of Alabama · 1875
3Cited by12 opinions
- Allen v. Intendant & Councilmen of LaFayetteSupreme Court of Alabama · 1889
- Dallas County v. DillardSupreme Court of Alabama · 1908
- State v. PageAlabama Court of Appeals · 1923
- Mayor of Wetumpka v. Wetumpka Wharf Co.Supreme Court of Alabama · 1879
- Ensley Motor Car Co. v. O'RearSupreme Court of Alabama · 1916
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