Clark v. Hart
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. J. McCaleb Wiley. This action was brought by Mrs. Eraeline Clark against H. C. Hart, and was founded on the defendant’s note for $965, dated Eufaula, March 21, 1863, and payable twelve months after date, to Thomas Robinson and Emeline Clark, as the administrators of J. W. Clark, deceased, or bearer.
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Appeal from the Circuit Court of Barbour. Tried before the Hon. J. McCaleb Wiley. This action was brought by Mrs. Eraeline Clark against H. C. Hart, and was founded on the defendant’s note for $965, dated Eufaula, March 21, 1863, and payable twelve months after date, to Thomas Robinson and Emeline Clark, as the administrators of J. W. Clark, deceased, or bearer. The only plea was the general issue, “ in short, by consent, with leave to give any special matter in evidence that might be admissible under that plea.” On the trial, as the bill of exceptions shows, the plaintiff read the note in…
1Opinion of the CourtPeck, C. J.
— The parol evidence offered in this case by the defendant, and admitted by the court against the objections of the plaintiff, should have been rejected. It was an effort on the part of the defendant, by parol evidence, to vary the legal effect of the promissory note described in the complaint. This, in the absence of fraud or mistake, could not be done. Barringer & Rhodes v. Sneed, 3 Stewart, 201; Brooks & Brown v. Maltby, 3 S. & P. 96 ; Litchfield v. Falconer, 2 Ala. 280; Cowles v. Townsend & Millikin, 31 Ala. 133. The note is unambiguous, and was to be paid in money, twelve months after…
2Cases cited3 opinions
- Litchfield v. FalconerSupreme Court of Alabama · 1841
- Cowles v. TownsendSupreme Court of Alabama · 1857
- Barringer & Rhodes v. SneedSupreme Court of Alabama · 1830
3Cited by4 opinions
- Payne v. LongSupreme Court of Alabama · 1898
- Hart v. ClarkSupreme Court of Alabama · 1875
- Richie v. FrazerSupreme Court of Arkansas · 1887
- Knox v. Rivers Bros.Supreme Court of Alabama · 1923