Sorrelle v. Craig
Supreme Court of Alabama
Writ of Error to the Circuit Court of Dallas. This was an action of assumpsit at the suit of the defendant in error, upon three promissory notes for the sum of eighteen hundred dollars each, made by the plaintiff in error, on the 5th September, 1837, and payable to the testator on the first day of March,- 1839, 184Ü and 1841. The cause was tried upon issues, among others, to the pleas of non assumpsit, payment, and set off, a verdict was returned for the plaintiff, for the…
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Writ of Error to the Circuit Court of Dallas. This was an action of assumpsit at the suit of the defendant in error, upon three promissory notes for the sum of eighteen hundred dollars each, made by the plaintiff in error, on the 5th September, 1837, and payable to the testator on the first day of March,- 1839, 184Ü and 1841. The cause was tried upon issues, among others, to the pleas of non assumpsit, payment, and set off, a verdict was returned for the plaintiff, for the sum of $2,495, damages, and judgment was rendered accordingly. On the trial, the defendant excepted to the ruling of the…
1Opinion of the CourtCollier, C. J.
The evidence adduced by the plaintiff *538in respect to the defendant having been unsuccessful as a merchant; his residence with his father, the testator ; his engaging in a trade for several years which required a considerable cash capital; and his supposed inability to pay his debts two years previous to making the notes declared on, certas - ly do not warrant the inference that the off sets relied on as a defence, had been allowed him against a previous indebtedness to the testator. Such testimony does not show that he was indebted to his father, either for money lent, or upon any other…
2Cases cited6 opinions
- Root v. StuyvesantNew York Supreme Court · 1837
- Sayles v. SmithNew York Supreme Court · 1834
- Mardis' Adr's v. ShacklefordSupreme Court of Alabama · 1842
- Nabors v. StateSupreme Court of Alabama · 1844
- Bakeman v. RoseNew York Supreme Court · 1835
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Prater v. StateSupreme Court of Alabama · 1894
- Mose v. StateSupreme Court of Alabama · 1860
- Hadjo v. GoodenSupreme Court of Alabama · 1848
- Haley v. StateSupreme Court of Alabama · 1879
- Watson v. StateSupreme Court of Alabama · 1913
4 more not listed; retrieve them via the Exa API.