Nesbit v. Bradford
Supreme Court of Alabama
Wkit of error to the Circuit Court of De Kalb count}. Assumpsit by Nesbit. Tho declaration contains four special counts, which were demurred to, besides a common count on an account stated, upon which issue was taken. The first count alleges, that one Likens, on the 21st February, 1837, executed to the plaintiff a certain writing obligatory, whereby he promised on or before the 1st day of January, 1839, to pay the plaintiff 320 dollars.
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Wkit of error to the Circuit Court of De Kalb count}. Assumpsit by Nesbit. Tho declaration contains four special counts, which were demurred to, besides a common count on an account stated, upon which issue was taken. The first count alleges, that one Likens, on the 21st February, 1837, executed to the plaintiff a certain writing obligatory, whereby he promised on or before the 1st day of January, 1839, to pay the plaintiff 320 dollars. That, therefore, on the 10th January, 1839, the defendant, at his own special instance and request, made and signed an endorsement on the back of said writing…
1Opinion of the CourtGoldthwaite, J.
1. The sufficiency of the several Special counts of this declaration will be best examined after ascertaining the legal effect of the indorsement made by the defendant in the W2'iting obligatory of Likens, but which is set out in haec verba in one or more of the special counts. In Granniss & Co. v. Miller, [1 Ala. Rep. N. S. 471,] we held that the words, “1 assign and guaranty the payment of this note, waiving demand and notice,” was not an absolute and uncondi*749tional promise to pay the amount of the note presently; also, that it was not necessary, for the purpose of establishing the…
2Cases cited5 opinions
- Jordan v. GarnettSupreme Court of Alabama · 1842
- Milton v. DeYampertSupreme Court of Alabama · 1842
- Click v. M'AfeeSupreme Court of Alabama · 1838
- Adams v. M'MillanSupreme Court of Alabama · 1839
- Estill v. ShelleySupreme Court of Alabama · 1835
3Cited by8 opinions
- Leftkovitz v. First National Bank of GadsdenSupreme Court of Alabama · 1907
- Donley v. CampSupreme Court of Alabama · 1853
- Walker v. ForbesSupreme Court of Alabama · 1854
- Carothers v. CallahanSupreme Court of Alabama · 1922
- Scharnagel v. FurstSupreme Court of Alabama · 1927
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