Keep v. Kelly & Levin
Supreme Court of Alabama
Appeal-from the Circuit Court of Dallas. Tried before the Hon. ANDRew B. MooRe. This action was brought by Kelly & Levin, in March, 1854, and was founded on the defendant’s promissory note for $100, “ dated at Bath, Eeb. 21, 1852, and payable six months after date, at either bank in Boston, to the order of Kelly, Levin & Co.” The defendant pleaded the general issue, payment, accord and satisfaction, and a special agreement under seal which is hereinafter described.
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Appeal-from the Circuit Court of Dallas. Tried before the Hon. ANDRew B. MooRe. This action was brought by Kelly & Levin, in March, 1854, and was founded on the defendant’s promissory note for $100, “ dated at Bath, Eeb. 21, 1852, and payable six months after date, at either bank in Boston, to the order of Kelly, Levin & Co.” The defendant pleaded the general issue, payment, accord and satisfaction, and a special agreement under seal which is hereinafter described. On the trial, as appears from the bill of exceptions, after the plaintiffs had read in evidence the note declared on, the…
1Opinion of the CourtStone, J.
1. The sufficiency of the proof to sustain the plaintiff’s action in this case, is not presented in such form that we can consider it. The bill of exceptions does not purport to set out all the evidence ; and the rule in such case is, that we must presume the evidence, if set out, would sustain the charge. — Gaines v. Harvin, 19 Ala. 491.
2. The promise to indulge, copied in the bill of exceptions,is, so far as the proof discloses, without consideration and void. — Agee v. Steele, 8 Ala. 948; Morton v. Barnes, 7 Ad. & El. 19 ; Comegys v. Booth, 3 Stew. 14 ; Wilson v. Bank, 9 Ala. 847 ;…
2Cases cited5 opinions
- Carpenter v. DevonSupreme Court of Alabama · 1844
- Gaines v. HarvinSupreme Court of Alabama · 1851
- Agee v. SteeleSupreme Court of Alabama · 1846
- Comegys v. BoothSupreme Court of Alabama · 1830
- Wilson v. Bank of OrleansSupreme Court of Alabama · 1846
3Cited by5 opinions
- Marshall v. StateSupreme Court of Florida · 1893
- Baker v. PattersonSupreme Court of Alabama · 1911
- Beard v. DuBoseSupreme Court of Alabama · 1912
- Southern Mutual Ins. v. Holcombe's AdministratorSupreme Court of Alabama · 1859
- Kirksey v. HardawaySupreme Court of Alabama · 1867