Thompson v. Rawles
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. C. W. Rapier. This action was brought by Wilridge C. Thompson, against Joseph C. Rawles, and was commenced in March, 1852; the cause of action being a promissory note, of which the following is a copy: “ One day after date, I promise to pay W. C. Thompson, or bearer, two hundred and fifty dollars, for value received, February 28, 1848. J. C, Rawles.”
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Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. C. W. Rapier. This action was brought by Wilridge C. Thompson, against Joseph C. Rawles, and was commenced in March, 1852; the cause of action being a promissory note, of which the following is a copy: “ One day after date, I promise to pay W. C. Thompson, or bearer, two hundred and fifty dollars, for value received, February 28, 1848. J. C, Rawles.” It appeared from the evidence adduced on the trial, as the same is set out in the bill of exceptions, that the plaintiff' and one Devereux, in February, 1837, sold to one A.…
1Opinion of the CourtStone, J.
—The motion to suppress the deposition of Livingston came too late, and was lightly overruled. McCreary v. Turk, 29 Ala. 244, and authorities cited.
[2.] The circuit court mistook what we consider the legal bearing of the defense relied on in this case. It raised no material question on the eonsidei’ation of the note, for the testimony clearly shows that Mr. Thompson gave to Mr. Bawles, at the time the note was executed, two hundred and fifty dollars in money, the amount for which the note was taken. On this point, the appellant and appellee are agreed. The parties also agree that, at the time…
2Cases cited2 opinions
- McCreary v. TurkSupreme Court of Alabama · 1856
- McNair v. CooperSupreme Court of Alabama · 1843
3Cited by3 opinions
- Alabama & Mississippi Rivers Railroad v. SanfordSupreme Court of Alabama · 1860
- Collins v. SeaySupreme Court of Alabama · 1859
- Cornelius v. PartainSupreme Court of Alabama · 1864