Cairns v. Daniel
Alabama Court of Appeals
Appeal, from Circuit Court, Jefferson County ; E‘. C. Crow, Judge. Action by Mrs. Emily T. Daniel, administratrix, against Thomas C. Cairns. From a judgment for plaintiff, defendant appeals. Action by plaintiff against defendant, claiming on promissory notes, in which was a condition. From a judgment for plaintiff, defendant appeals.
1Opinion
On Rehearing.
[2] A note, under commercial law, is “a written agreement by one person to pay another person therein named, absolutely and unconditionally, a certain sum of money, at a time specified therein.” Story, Prom. N. 1, § 1; Walker v Thompson, 108 Mich. 686, 66 N. W. 584; 7 Cyc. 532. The instrument offered in evidence was a conditional promise to pay, and therefore “a specialty,” and its introduction in evidence did not support the complaint. Phillips v. American Guano Co., 110 Ala. 521, 18 South. 104; Burton v. Dangerfield, 141 Ala. 285, 37 South. 350.
The application is overruled.
Appli…
2Cases cited3 opinions
- Walker v. ThompsonMichigan Supreme Court · 1896
- Phillips v. Americus Guano Co.Supreme Court of Alabama · 1895
- Burton v. DangerfieldSupreme Court of Alabama · 1904