Bozeman v. Rushing
Supreme Court of Alabama
Appeal from, the Circuit Court of Piale. Tried before the Hon. M. J. Saeeold. This action was brought by James M. Rushing against Joseph L. Bozeman and James A. Bozeman, and was founded on the defendants’ promissory note for $850, dated the 8th January, 1867, and payable to the plaintiff on the 1st January, 1868, with interest from date. The record does not show what pleas were filed.
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Appeal from, the Circuit Court of Piale. Tried before the Hon. M. J. Saeeold. This action was brought by James M. Rushing against Joseph L. Bozeman and James A. Bozeman, and was founded on the defendants’ promissory note for $850, dated the 8th January, 1867, and payable to the plaintiff on the 1st January, 1868, with interest from date. The record does not show what pleas were filed. On the trial, as is shown by the bill of exceptions, after the plaintiff had read the note in evidence, Joseph L. Bozeman, one of the defendants, was examined as a witness for the defendants, and testified as…
1Opinion of the CourtB. F. Saffold, J.
The charge of the court was correct. Giving up a suit, or any equivalent proceedings, instituted to try a question, the legal result of which is doubtful, is a good consideration for a promise to pay a sum of money for an abandonment thereof. Inequality of consideration does not constitute a valid objection, if there be an actual controversy, of which the issue may fairly be considered by both párties as doubtful. 1 Parsons on Contracts, m. p. 426, 427; Maull v. Vaughn, 45 Ala. 134. Notwithstanding Confederate money loaned entered into the consideration of the note in suit, the corn purchased…
2Cases cited2 opinions
- Maull v. VaughnSupreme Court of Alabama · 1871
- Curry v. DavisSupreme Court of Alabama · 1870
3Cited by1 opinion
- Campbell v. LarmoreSupreme Court of Alabama · 1887