Bryant v. Bryant
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before the Hon. Robert Dougherty. This action was brought by Rhodicy Bryaut, against Needham Bryant, and was founded on the defendant’s promissory note for $800, dated tbe 27th August, 1853, and payable by the 25th December next after date, to the plaintiff. No picas appear in the record.
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Appeal from the Circuit Court of Talladega. Tried before the Hon. Robert Dougherty. This action was brought by Rhodicy Bryaut, against Needham Bryant, and was founded on the defendant’s promissory note for $800, dated tbe 27th August, 1853, and payable by the 25th December next after date, to the plaintiff. No picas appear in the record. The bill of exceptions purports to set out all tbe evidence in tbe cause, tbe substance of which maj be thus briefly stated : On the 15th August, 1853, the plaintiff recovered a judgment against the defendant, in an action of trover for the conversion of a…
1Opinion of the CourtR. W. Walker, J.
In the construction of written instruments, the intention of the parties must govern ; and to ascertain that intention, regard must be had to the nature of the instrument itself, the condition of the parties executing it, and the objects which they had in view. Strong v. Gregory, 19 Ala. 146.
[2.] Applying this rule to the writing signed by the plaintiftj which, according to the evidence introduced by *319her, constituted the consideration for the note sued on, we do not doubt that it is to be treated as a stipulation on her part that a new trial was to be granted, and the judgment set aside. It…
2Cases cited1 opinion
- Strong v. GregorySupreme Court of Alabama · 1851
3Cited by6 opinions
- Ellington v. CharlestonSupreme Court of Alabama · 1874
- Lewman & Co. v. Ogden Bros.Supreme Court of Alabama · 1904
- Bradford v. ProctorSupreme Court of Alabama · 1923
- Collins v. Hodges Lumber & Mfg. Co.Supreme Court of Alabama · 1923
- Edwards v. GordonSupreme Court of Alabama · 1930
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