Cox v. Mobile & Girard Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before the Hon. Robert Dougherty. This action was brought by the appellee, a corporation chartered by the legislature of this State, against William Cox, and was founded on a promissory note for $1448 97, executed by one A. D. Cleckley and the defendant, dated the 15th April, 1850, and payable on the 1st January, 1851, with interest from the 1st January, 1850, to William M. Lampkin or bearer.
Read the full summary
Appeal from the Circuit Court of Macon. Tried before the Hon. Robert Dougherty. This action was brought by the appellee, a corporation chartered by the legislature of this State, against William Cox, and was founded on a promissory note for $1448 97, executed by one A. D. Cleckley and the defendant, dated the 15th April, 1850, and payable on the 1st January, 1851, with interest from the 1st January, 1850, to William M. Lampkin or bearer. The defendant filed three special pleas, each averring, in substance, that he was Cleckley’s surety on the note, and that the payee, after the maturity of…
1Opinion of the CourtR. W. Walker, J.
It is said in, many of the cases, that, to discharge a,surety by extension of the time of payment,. there must not only be a sufficient consideration, but the time of the extension must be definitely and precisely fixed.- Gardner v. Watson, 13 Ill. 347; Parnell v. Price, 3 Rich. L. 121; Wadlington v. Gary, 7 Sm. & M. 522; McGee v. Metcalf, 12 Sm. & M. 535 ; Freeland v. Compton, 30 Miss. 424 ; Miller v. Stein, 12 Penn. St. R. 383, 389 ; Alcock v. Hill, 4 Leigh, 622; 1 Pars. Contr. 173 ; President *323of Police Board v. Covington, 26 Miss. 470 ; Burke v. Cruger, 8 Texas, 66 ; Thornton v. Dabney, 23…
2Cases cited17 opinions
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Rathbone v. WarrenCourt for the Trial of Impeachments and Correction of Errors · 1813
- Burke v. CrugerTexas Supreme Court · 1852
- People v. Van HorneNew York Supreme Court · 1850
- Kyle v. BostickSupreme Court of Alabama · 1846
12 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Shepherd v. MaySupreme Court of the United States · 1885
- Jenness v. CutlerSupreme Court of Kansas · 1874
- Webb v. DicksonSupreme Court of Alabama · 1964
- Van Beil v. FordneySupreme Court of Alabama · 1885
- Howle v. EdwardsSupreme Court of Alabama · 1892
9 more not listed; retrieve them via the Exa API.