Sommerville v. Stephenson
Supreme Court of Alabama
This is an action of assumpsit, brought by Stephenson & Johnston, in the Circuit Court of Franklin county, against the plaintiff in error, as the indorser of a specialty, for the payment of $604 47-100, payable immediately.
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This is an action of assumpsit, brought by Stephenson & Johnston, in the Circuit Court of Franklin county, against the plaintiff in error, as the indorser of a specialty, for the payment of $604 47-100, payable immediately. The declaration contains two counts upon the indorsement, in which it is alleged that the defendants in error, at the time of the indorsement, agreed not to require payment of the maker*, for the space of two years, until after which time, it appears that they did not require payment of the maker, nor give notice to the indorser; in other respects, these counts are in…
1Opinion of the Court
By JUDGE COLLIER.
The bill of exceptions very *275naturally suggests for our consideration these questions 1st. Is it competent to vary a contract in writing, by verbal agreement, made at the time the contract is entered into, and is such the effect of the testimony, with regard to the indulgence of the obligor? 2nd. Is assumpsit the proper remedy against the assignor of a specialty on an indorsement under seal? 3d. Can the copy of a registered deed of conveyance, be read in evidence, without accounting for the original?
1st. Where parties have reduced their contract to writing, it is presumed that…
2Cases cited2 opinions
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1811
3Cited by15 opinions
- Smith v. SharpeSupreme Court of Alabama · 1909
- Corley v. VizardSupreme Court of Alabama · 1919
- Bates v. Bank of the StateSupreme Court of Alabama · 1841
- Tankersley v. GrahamSupreme Court of Alabama · 1845
- Algren v. the StateCourt of Appeals of Georgia · 2014
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