M'Rae v. Raser
Supreme Court of Alabama
Error to the Circuit court ofiMarengo. Assumpsit on a promissory note — tried before Judge P. Martin. The defendant in error declared against the plaintiff in the Circuit court of Marengo, and described the promissory note on which the action was founded, as one by which he “ promised to pay on or before the first day of January next after the date thereof, to the said plaintiff, the sum of two hundred and eighty dollars, for value received,” (having previously set out its…
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Error to the Circuit court ofiMarengo. Assumpsit on a promissory note — tried before Judge P. Martin. The defendant in error declared against the plaintiff in the Circuit court of Marengo, and described the promissory note on which the action was founded, as one by which he “ promised to pay on or before the first day of January next after the date thereof, to the said plaintiff, the sum of two hundred and eighty dollars, for value received,” (having previously set out its true date.) The case was submitted to the jury on the plea of non-assump-sit; when the defendant in error, to sustain the…
1Opinion of the CourtCollier, C. J.
The only question raised here, is, whether the note is so described in the declaration, as to have authorised the court to admit it in evidence.
So much of the note as. sets forth an understanding between the parties, that it might be discharged by the plaintiff, by the indorsement of other paper due at the same time, must be regarded as a stipulation for his benefit. He might avail himself of it or not, at his election, but it cannot influence the defendant’s right to recover the amount of the note with interest; unless it has been discharged by the substitution of other paper, according to…
2Cases cited1 opinion
- Porter v. TalcottNew York Supreme Court · 1823
3Cited by5 opinions
- Nesbitt v. Pearson's Adm'rsSupreme Court of Alabama · 1859
- Eppes v. Mississippi, Gainesville, & Tuskaloosa RailroadSupreme Court of Alabama · 1859
- Plowman v. RiddleSupreme Court of Alabama · 1845
- Weaver v. LapsleySupreme Court of Alabama · 1868
- Gaines v. SheltonSupreme Court of Alabama · 1872