Thompson v. Armstrong
Supreme Court of Alabama
Error to the Circuit Court of Butler. This was an action of assumpsit, founded on a promissory note of the following tenor: 1000 Dolls. — Twelve months after date, we,-Benjamin Fuller, James K. Thompson and George H. Patillo, jointly and severally promise to pay Andrew Armstrong, Esq. cashier, or bearer, ,one thousand dollars, for value received, negotiable and payable at the Branch of the Bank of the State of Alabama, at Mobile. Credit — Benjamin Fuller, \ Signed.
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Error to the Circuit Court of Butler. This was an action of assumpsit, founded on a promissory note of the following tenor: 1000 Dolls. — Twelve months after date, we,-Benjamin Fuller, James K. Thompson and George H. Patillo, jointly and severally promise to pay Andrew Armstrong, Esq. cashier, or bearer, ,one thousand dollars, for value received, negotiable and payable at the Branch of the Bank of the State of Alabama, at Mobile. Credit — Benjamin Fuller, \ Signed. Benjamin Fullee, James K. Thompson, v James K. Thompson, George TI. Patillo. ) Geoege H. Patillo. The suit was discontinued as to…
1Opinion of the CourtClay, J.
The first assignment of error, brings into view the competency of George H. Patillo, one of the makers of the note sued on, to give evidence impeaching its consideration, and the genuineness of the defendant’s signature. The same question, in a qualified form, came up in the case of Ross & wife v. Wells. [1 Stewart’s Rep. 139.] That was an action on a promissory note, given by Mrs. Ross, while sole, and Wm. J. McCarroll, payable to Wells; the writ issued against Ross & wife, and McCarroll, jointly, but was not executed on McCarroll, and discontinued as to him. The defence relied on was non…
2Cases cited2 opinions
- Whatley v. JohnsonSupreme Court of Alabama · 1828
- Adams v. MooreSupreme Court of Alabama · 1839
3Cited by3 opinions
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