Blackwell v. Hamilton
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before Hon. W. J. Haralson. Tire facts are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Madison. Tried before Hon. W. J. Haralson. Tire facts are sufficiently stated in the opinion. The instrument sued on was a promissory note, and not a bond. — Moore’s Aclm’r v. Lesear and Wife, 18 Ala. 606; Garter & Garter v. Penn, 4 Ala. 140. Hamilton’s business habits would have enabled him to prove that the transaction occurred on some other day than Sunday, if he had no recollection of the fact. — Green-leaf, §§ 436-7; Starkey, § 175; Follett’s Heirs v. Bose, 3 McLean, 332; Carson v. The Bank of Alabama, 4 Ala. 148. They are admissible, therefore, to…
1Opinion of the CourtB. E. Saeeold, J.
The complaint was a special count on a promissory note made by the defendants, on the 18th of September, 1862. There was a verdict and judgment for the plaintiff. During the progress of the cause, the suit was abated by death, &e., except as to Blackwell. The plaintiff offered in evidence as the foundation of his action, a writing as follows :
$2,500. Triana, Ala., 18th Sept., 1862. On or before the first day of January, eighteen hundred and sixty-four, we, or either of us, promise to pay to Alexander Hamilton, or order, the sum of twenty-five hundred dollars in gold, or its equivalent, for…
2Cases cited14 opinions
- Parsons v. BoydSupreme Court of Alabama · 1852
- Sims v. BoyntonSupreme Court of Alabama · 1858
- Frierson v. FriersonSupreme Court of Alabama · 1852
- Jemison & Sloan v. Dearing's ExecutorsSupreme Court of Alabama · 1867
- Jemison v. SmithSupreme Court of Alabama · 1861
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