Rowland v. Boozer
Supreme Court of Alabama
Writ of Error from the Circuit Court of Benton. This was an action of assumpsit on a promissory note, at the suit of the defendant in error. The declaration describes the note as made by the plaintiff in error, on the 3d January, 1837, for the payment of twelve hundred dollars, twelve months after date. The cause was tried upon the plea of non-assumpsit, with leave to give any matter in evidence which would bar the action, or avail the plaintiff in answer to such bar.
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Writ of Error from the Circuit Court of Benton. This was an action of assumpsit on a promissory note, at the suit of the defendant in error. The declaration describes the note as made by the plaintiff in error, on the 3d January, 1837, for the payment of twelve hundred dollars, twelve months after date. The cause was tried upon the plea of non-assumpsit, with leave to give any matter in evidence which would bar the action, or avail the plaintiff in answer to such bar. A verdict was returned for the plaintiff for $1507 21, damages, and judgment was rendered accordingly. On the trial, the…
1Opinion of the CourtCollier, C. J.
The declarations of the treasurer of the company, after the note was delivered by their order to the beneficial plaintiff in this action, were clearly inadmissible. It was not competent for him, by an act done, to prejudice the plaintiff’s right to recover — he was not.authorized to collect the debt, or to release it. Such a declaration was not referable to any res gesta, and we can conceive of no principle upon which its admission could be defended. [8 Ala. Rep. 650; Abney v. Kingsland & Co. at this term.] We *695cannot very well conceive of any objection to the competency of the treasurer, as a…
2Cases cited4 opinions
- McBride v. ThompsonSupreme Court of Alabama · 1845
- Clark v. DibbleNew York Supreme Court · 1837
- M'Coll v. OliverSupreme Court of Alabama · 1828
- Lamalere v. CazeU.S. Circuit Court for the District of Pennsylvania · 1806
3Cited by5 opinions
- Talley v. TalleySupreme Court of Alabama · 1946
- Cowles v. Garrett's Adm'rsSupreme Court of Alabama · 1857
- Meaher v. Cox, Brainard & Co.Supreme Court of Alabama · 1861
- Pierce v. MurphreeSupreme Court of Alabama · 1962
- Brown v. BurnumSupreme Court of Alabama · 1892