Planters' & Merchants' Bank v. Blair
Supreme Court of Alabama
WRIT of Error to the Circuit Court of Greene County. This is an, action of assumpsit by the Planters’ and Merchants’ Bank of Mobile, for the use of Sayre, Converse & Co. against Blair and Morroh, as the makers of a note, by which one Briley as principal, and themselves and one Adcock as sureties promised to pay to the President and Directors of the said Bank $729 12, twelve months after the 15th of June, 1838. The cause was tried on the general issue, and the proof was that…
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WRIT of Error to the Circuit Court of Greene County. This is an, action of assumpsit by the Planters’ and Merchants’ Bank of Mobile, for the use of Sayre, Converse & Co. against Blair and Morroh, as the makers of a note, by which one Briley as principal, and themselves and one Adcock as sureties promised to pay to the President and Directors of the said Bank $729 12, twelve months after the 15th of June, 1838. The cause was tried on the general issue, and the proof was that sometime previous to the date of the note the witness had conversed with the principal in the note and one Horton, and'…
1Opinion of the Court
GOLDTH WAITE, ,T.
The circumstances in evidence when this case was tried, have no tendency to .establish a fraudulent contrivance, either by Briley, the principal in the note, or by Horton, to whom it was given. The material inquiry is, whether a sufficient consideration is shown or maybe presumed? and is not, as assumed by the Circuit Court, whether these defendants were informed of the manner in which Horton or Briley intended to use the note.
In the absence of any evidence upon the matter, the presumption is that all the sureties intended to be bound for the sum of money expressed in the…
2Cases cited3 opinions
- Bank of Rutland v. BuckNew York Supreme Court · 1830
- Powell v. WatersNew York Supreme Court · 1819
- Utica Bank v. GansonNew York Supreme Court · 1833
3Cited by2 opinions
- Branch of the Bank of the State v. GaffneySupreme Court of Alabama · 1846
- Bird v. WooleySupreme Court of Alabama · 1853