Reed v. Scott
Supreme Court of Alabama
Appeal from tbe Circuit Court of Macon. Tried before tbe Hon. E. W. Pettus. Tiie complaint in this ease was as follows : “John C. H. B,eed\ Tbe plaintiff claims of the dews. /fendants tbe sum of $842 40, due Nathaniel J. Scott, (bypromissory note,made by them James E. "White, jand Wm.
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Appeal from tbe Circuit Court of Macon. Tried before tbe Hon. E. W. Pettus. Tiie complaint in this ease was as follows : “John C. H. B,eed\ Tbe plaintiff claims of the dews. /fendants tbe sum of $842 40, due Nathaniel J. Scott, (bypromissory note,made by them James E. "White, jand Wm. E. Davis, J. W. W. Drake, J. W. Kidd, and E. W. Dillard, on tbe 1st January, 1852, and payable twelve months after tbe date thereof, with interest thereon, to one J. T. Davis, by whom said note was endorsed, before tbe commencement of this suit, to tbe plaintiff.” On the trial, as appears from tbe bill of…
1Opinion of the Court
"WALKER, J.
The distinction between sealed and unsealed instruments is not altogether destroyed by the Code. To the word promissory note the law attaches a distinct meaning, which does not include a bond, or instrument under seal. Under the mercantile law and the statute of Anne, it was held, that the instrument’s being under seal deprived it of its character of a promissory note, and, consequently, of its negotiable character.— Sayre v. Lucas, 2 Stewart, 259; Clark v. F. M. C. of Benton, 15 Wendell, 256; 1 Chitty on Pl. 15 ; Story on Bills, 76, § 61; Story on Prom. Notes, 56, § 55; Farmers’ &…
2Cases cited3 opinions
- Clark v. Farmers' Woollen Manufacturing Co.New York Supreme Court · 1836
- Harris v. HillmanSupreme Court of Alabama · 1855
- Sayre v. LucasSupreme Court of Alabama · 1830
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- Nelson v. WebbSupreme Court of Alabama · 1875
- Long v. PattersonSupreme Court of Alabama · 1874
- Schuessler & Co. v. WilsonSupreme Court of Alabama · 1876
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