Camp v. Dill
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before the Hon. Nat. Cook. This action was brought by Anderson Dill, guardian of John Goodwin, minor heir of Thomas Goodwin, deceased, against Joseph Camp, John Bell, anxl Ben. F. Burns, and was founded on the defendants’ note for $125 50, for the hire of two slaves, named Carter and Alexander. The defendants pleaded separately, in short by consent, the general issue, want of consideration, and failure of consideration.
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Appeal from the Circuit Court of Talladega. Tried before the Hon. Nat. Cook. This action was brought by Anderson Dill, guardian of John Goodwin, minor heir of Thomas Goodwin, deceased, against Joseph Camp, John Bell, anxl Ben. F. Burns, and was founded on the defendants’ note for $125 50, for the hire of two slaves, named Carter and Alexander. The defendants pleaded separately, in short by consent, the general issue, want of consideration, and failure of consideration. For the previous report of the case, see 22 Ala. 249. On the trial, as appears from the bill of exceptions, “the plaintiff…
1Opinion of the Court
GOLDTHWAITE, J.-
In the action of the court in receiving the admissions of Burns, there was no error. He was one of the defendants, as well as one of the makers of the note which was the foundation of the action, and which upon its face purported to be the joint contract of the parties whose names were signed to it; and being prima facie the joint contract of all, the admissions of either of the parties who were sued, as to facts connected with the issue, were admissible, at least until the inference arising from the form of the contract was rebutted, and it was shown that the party making the…
2Cases cited1 opinion
- Dill v. CampSupreme Court of Alabama · 1853
3Cited by4 opinions
- Jemison v. Woodruff & BeachSupreme Court of Alabama · 1859
- Giddens v. ReddochSupreme Court of Alabama · 1921
- Burton v. PhillipsSupreme Court of Alabama · 1909
- Harris v. MaurySupreme Court of Alabama · 1857