Walker v. Clay
Supreme Court of Alabama
Error to the Circuit Court of Jackson. Tried before the Hon. THOMAS A. Walker. This was an action of debt by the defendants in error against the plaintiff, on a promissory note of which the following is a copy, viz: “ Six months after date, I promise to pay C. C. Clay & C. C. Clay, Jr., four hundred dollars, for value received of them, this 29th September, 1848.” (signed) (xEORGE WALKER. “ Test. J. M. McDuff.”
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Error to the Circuit Court of Jackson. Tried before the Hon. THOMAS A. Walker. This was an action of debt by the defendants in error against the plaintiff, on a promissory note of which the following is a copy, viz: “ Six months after date, I promise to pay C. C. Clay & C. C. Clay, Jr., four hundred dollars, for value received of them, this 29th September, 1848.” (signed) (xEORGE WALKER. “ Test. J. M. McDuff.” After the cause was regularly in court, a suggestion appears to have been made to the court, that the defendant had become a lunatic, and a motion was made to have a guardian ad litem…
1Opinion of the CourtGibbons, J.
1. The first question of law that arises upon the pleadings, in this ease, is, whether a party, who has giren a note payable at a particular day, upon the consideration that the payee agreed to perform certain services for him, but without any time being fixed when the services should be performed, can, when the payee is in no default, but able, readjr, and willing to comply with the contract on his part, defeat a recovery on the note, on the ground, that the payee has not yet rendered the entire services contemplated by his agreement. The simple statement of this question suggests the…
2Cases cited7 opinions
- McAllister v. StateSupreme Court of Alabama · 1850
- McLean v. StateSupreme Court of Alabama · 1849
- Long v. DavisSupreme Court of Alabama · 1851
- Allison v. TaylorCourt of Appeals of Kentucky · 1838
- Clarke v. DunhamNew York Supreme Court · 1847
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Stubbs v. HoustonSupreme Court of Alabama · 1859
- Durden v. McWilliamsSupreme Court of Alabama · 1858
- Jackson v. SampleSupreme Court of Alabama · 1937
- Jones v. SchaffnerSupreme Court of Iowa · 1920
- Davenport & Harris Undertaking Co. v. RobersonSupreme Court of Alabama · 1929
18 more not listed; retrieve them via the Exa API.