Crawford v. Camfield
Supreme Court of Alabama
Writ of Error to the Circuit Court of Washington county. Assumpsit by Camfield against Crawford, as the maker of two promissory notes, and as the endorser of a third. The declaration contains counts on each of the notes, and also a general money count.
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Writ of Error to the Circuit Court of Washington county. Assumpsit by Camfield against Crawford, as the maker of two promissory notes, and as the endorser of a third. The declaration contains counts on each of the notes, and also a general money count. The count on the indorsement, describes a note made by one Gascoigne, dated 1st November, 1838, payable to Crawford, twelve months after date, for 250 dollars, negotiable and payable at the Branch of the Bank of the State of Alabama at Mobile; after stating the endorsement by the defendant, the count proceeds to aver, “that afterwards, when the…
1Opinion of the CourtGoldthwaite, J.
If a demurrer had been interposed in the court below, to the couut complained of as showing no cause of action, it would have availed nothing, as the material averment is, that the note was presented at the time when it was due and payable according to its tenor and effect. It was, according to its effect, payable on the 4th day of November, and therefore, the averment, under a scilicit, that it was presented on the 3d of August, is repugnant and cannot vitiate. This was the precise point decided in Bynner v. Russel, [1 Bing. 23,] and to the same effect is Jackson, adm’r v. Henderson, [3…
2Cited by2 opinions
- Smith v. StateCourt of Criminal Appeals of Alabama · 1989
- McDade v. StateSupreme Court of Alabama · 1852