Bird v. Daniel
Supreme Court of Alabama
Writ of Error to the Circuit Court of Lowndes. This was an action of assumpsit, at the suit of the defendant in error, against the plaintiff. The declaration contains but a single count upon eight promissory notes. To this the defendant demurred, and his demurrer being overruled, he pleaded over, and the cause was submitted to a jury, who returned a verdict for the plaintiff, and judgment ivas rendered accordingly.
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Writ of Error to the Circuit Court of Lowndes. This was an action of assumpsit, at the suit of the defendant in error, against the plaintiff. The declaration contains but a single count upon eight promissory notes. To this the defendant demurred, and his demurrer being overruled, he pleaded over, and the cause was submitted to a jury, who returned a verdict for the plaintiff, and judgment ivas rendered accordingly. On the trial the defendant excepted to the ruling of the court. It appears from the bill of exceptions, that the plaintiff offered as evidence seven promissory notes, corresponding…
1Opinion of the CourtCollier, C. J.
1. It was not necessary to declare- upon each note in a separate count. If authority be demanded upon this point, the case of Dade v. Bishop, Minor’s R. 263, is conclusive. There, one count in assumpsit, described four promissory notes, for fifty dollars each ; and the court held, that the declaration was unexceptionable.
2. In respect to the description of the notes in the declaration, we think it was entirely sufficient. It is alledged, that all of the notes bear the same date, (which is explicitly stated,) and made payable to the plaintiff; three of them payable on the 1 st day of December,…
2Cases cited1 opinion
- Mauran v. LambNew York Supreme Court · 1827
3Cited by6 opinions
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Woodall & Sons v. People's National BankSupreme Court of Alabama · 1907
- Morrow v. ShuffSupreme Court of Alabama · 1929
- Sidlowski v. Metropolitan Life Ins. Co.Michigan Supreme Court · 1934
- Griffith v. ParmleySupreme Court of Alabama · 1862
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