Peden v. Moore
Supreme Court of Alabama
Debt in Fayette Circuit Court. This was an action brought by Moore against Pe-den, to recover the amount of.a promissory note. The defendant below plead failure of consideration, payment, and set-off. During the progress of the trial, the defendant below moved the Court to instruct the jury, that if they believed the consideration of the note had failed to the full amount, except what had been paid, they should give a verdict to the defendant.
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Debt in Fayette Circuit Court. This was an action brought by Moore against Pe-den, to recover the amount of.a promissory note. The defendant below plead failure of consideration, payment, and set-off. During the progress of the trial, the defendant below moved the Court to instruct the jury, that if they believed the consideration of the note had failed to the full amount, except what had been paid, they should give a verdict to the defendant. The Court refused to give the charge prayed, but instructed the jury, that unless a total failure of consideration was proved, they should find for the…
1Opinion of the CourtCollier, J.
The defendant in error brought his action against the plaintiff, upon a promissory note. *72The ple'ás were, failure of consideration, payment, and set-off. On the trial the counsel for the plaintiff in error moved the Court to 'instruct the jury “ that if they believed that the consideration of the note had failed to the full amount, except what had been paid, that they should find a verdict for the defendant which charge, the Court refused to give ; but charged the jury, that although part of the money might have been paid, and that the consideration had failed to a larger amount than the…
2Cases cited5 opinions
- Vasse v. SmithSupreme Court of the United States · 1810
- Greenleaf v. CookSupreme Court of the United States · 1817
- Miller v. SmithU.S. Circuit Court for the District of Massachusetts · 1818
- Grant v. ButtonNew York Supreme Court · 1817
- Crowninshield v. RobinsonU.S. Circuit Court for the District of New Hampshire · 1816
3Cited by4 opinions
- Carter v. Doe ex dem. ChaudronSupreme Court of Alabama · 1852
- Smith v. HeathSupreme Court of Alabama · 1921
- Denney v. J. B. Colt Co.Supreme Court of Alabama · 1923
- New York Life Ins. Co. v. JonesSupreme Court of Alabama · 1944