Stallings v. Williams' Adm'r
Supreme Court of Alabama
Writ of error to the County Court of Sumter. This was an action of assumpsit atvthe suit of the defendants in error, against the plaintiff.
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Writ of error to the County Court of Sumter. This was an action of assumpsit atvthe suit of the defendants in error, against the plaintiff. The declaration commences in the usual form, and describes the plaintiffs as the administrator and administratrix of Thomas Williams, deceased; it then sets out a note dated on the 22d of January, 1836, by which the defendant promised to pay to Thomas Williams or bearer, the sum of sixteen hundred and one dollars and twenty-three cents, three years after date, with interest thereon. It concludes by averring that the defendant has not paid to the…
1Opinion of the CourtCollier, C. J.
It is insisted that the demurrer to the declaration should have been sustained, because the breach of the defendant’s promise is not well assigned. Where an action is brought by an executor or administrator upon a contract with his testator or intestate, it is not enough to alledge that the defendant *510did not pay to the plaintiff, but it should be stated that payment was not made, either to the deceased in his lifetime, or the plaintiff, since his death. [Chitty on Plead. 3 Am. ed. 328; 1 Saund. on Plead. & Ev. 134.J A breach otherwise assigned would be too narrow, and not in terms…
2Cited by1 opinion
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