West v. Foreman
Supreme Court of Alabama
ERROR to the Circuit Court of Perry. Tried before the Hon. George Goldthwaite. Assumpsit, by Foreman, as endorsee of Daniel West, against the plaintiff in error, on a written order, in the following words: “ Messrs. Crook & Moore, attys. Please pay Daniel "West two hundred and ninety-three dollars and seventy-five cents, and all interest on the same, the demand I have against the estate of David Yarbrough, deceased. Sept. 11. 1843. Willis L. West.”
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ERROR to the Circuit Court of Perry. Tried before the Hon. George Goldthwaite. Assumpsit, by Foreman, as endorsee of Daniel West, against the plaintiff in error, on a written order, in the following words: “ Messrs. Crook & Moore, attys. Please pay Daniel "West two hundred and ninety-three dollars and seventy-five cents, and all interest on the same, the demand I have against the estate of David Yarbrough, deceased. Sept. 11. 1843. Willis L. West.” The defendant demurred to the declaration, but his demurrer was overruled. He also asked the court to charge the jury, “that said instrument in…
1Opinion of the CourtChilton, J.
— Assumpsit on a writing as follows: “ The State of Alabama, St. Clair County. Messrs. Crook & Moore, attys. Please pay Daniel West two hundred and ninety-three dollars and seventy-five cents, and all interest on the same, the demand I have against the estate of David Yarbrough, deceased. 11th Sept. ’43. Willis L. West.”
The plaintiff, in his declaration, declares upon this as a bill of exchange in two counts; sets it out in hmc verba in the third, and in the fourth calls it an order, by which said West directs Messrs. Crook & Moore, attys., to pay, &c. The declaration also avers, that the…
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