Cowles v. Townsend
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the lion. E. "W". Pettus. This action was brought by Townsend & Milliken against George Cowles, and was founded on the defendant’s acceptance of a bill of exchange for $950, drawn by Sadler & Rockwell, dated September 28th, 1849, and payable eight months after date, to said Townsend & Milliken, at the office of J. S. Winter & Co., in Montgomery.
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Appeal from the Circuit Court of Montgomery. Tried before the lion. E. "W". Pettus. This action was brought by Townsend & Milliken against George Cowles, and was founded on the defendant’s acceptance of a bill of exchange for $950, drawn by Sadler & Rockwell, dated September 28th, 1849, and payable eight months after date, to said Townsend & Milliken, at the office of J. S. Winter & Co., in Montgomery. On the trial, as the bill of exceptions states, “the defendant proved, that the' consideration for which said bill of exchange was given, was goods sold and delivered by plaintiffs to said…
1Opinion of the CourtStone, J.
— The contract declared on in this case is *135an absolute, primary obligation to pay money. The testimony which the court rejected, was offered with the view of proving a cotemporaneous oral agreement of the parties, that the liability of appellant was not absolute and primary, but contingent and secondary. Thusviewed, a more palpable attempt to vary, by parol, the terms of a written contract, cannot be presented. — See Phil. Ev. Cow. & Hill’s notes, part II, pages 591-3.
It is contended that the payees of the bill practiced a fraud on the acceptor, in procuring his absolute promise to pay, when…
2Cases cited5 opinions
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
- Melton v. WatkinsSupreme Court of Alabama · 1854
- Murchie v. McNabSupreme Court of Alabama · 1840
- Hopper v. EilandSupreme Court of Alabama · 1852
- Rivers v. DuboseSupreme Court of Alabama · 1846
3Cited by10 opinions
- Allen v. RundleSupreme Court of Connecticut · 1882
- Jackson v. SampleSupreme Court of Alabama · 1937
- Davenport & Harris Undertaking Co. v. RobersonSupreme Court of Alabama · 1929
- Pierce v. WilsonSupreme Court of Alabama · 1859
- Richie v. FrazerSupreme Court of Arkansas · 1887
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