McNeill's Ex'rs v. Reynolds
Supreme Court of Alabama
Writ of Error to the Circuit Court of Coosa. This was an action of assumpsit at the instance of the defendant in error, against the testator.
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Writ of Error to the Circuit Court of Coosa. This was an action of assumpsit at the instance of the defendant in error, against the testator. The declaration alledges, that the testator, on the 9th of May, 1839, made his promissory note, under the name and description of J. McNeill & Co., by which, as one of the firm of J. McNeill & Co., he promised to pay, one day after date, to the plaintiff, the sum of $342 84, for value received, The death of the testator was suggested, and his executors made parties after the service of a scire facias. Thereupon the cause was submitted to a jury, as on…
1Opinion of the CourtCollier, C. J.
Although the record does not show upon what plea the issue was submitted to the jury, it is admitted, that the issue was so framed as to throw upon the plaintiff the onus of proving that the note declared on was executed under such circumstances as to impose upon the defendants testator, a legal obligation to pay it. The question in respect to the evidence objected to, is not whether it was competent to establish the defendant’s liability, but whether its tendency was to produce such a result; for if it was pertinent, and 'alone, or in connection with other testimony, could have that effect,…
2Cited by8 opinions
- Belcher v. Birmingham Trust National BankDistrict Court, N.D. Alabama · 1968
- Gilchrist v. BrandeWisconsin Supreme Court · 1883
- Havis v. TaylorSupreme Court of Alabama · 1848
- Bryce v. JoyntCalifornia Supreme Court · 1883
- Lewis v. Isbell National BankSupreme Court of Alabama · 1916
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