Ward v. Reynolds
Supreme Court of Alabama
[ASSUMPSIT ON NOTE GIVEN POR PURCIIASE-MONET OP SLAVE.] Appeal from the Circuit Court of Perry. Tried before tire ITon. RobeRt Dougherty. This action was brought by Walker Reynolds, against W. W. Ward and another, and was founded on a promissory note for' f800, dated the 5th April, 1847, and payable on or before the 25th December next after date.
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[ASSUMPSIT ON NOTE GIVEN POR PURCIIASE-MONET OP SLAVE.] Appeal from the Circuit Court of Perry. Tried before tire ITon. RobeRt Dougherty. This action was brought by Walker Reynolds, against W. W. Ward and another, and was founded on a promissory note for' f800, dated the 5th April, 1847, and payable on or before the 25th December next after date. The defendants pleaded, in short by consent, non assump-sit, fraud, want of consideration, and failure of consideration ; and issue was joined on all these pleas. It was proved on the trial, as appears from the bill of exceptions, that the note was…
1Opinion of the CourtWalker, J.
It is contended that the answer of the witness Wilson to the fifth interrogatory was inadmissible,, because, stating no fact, it rather asserts the absence of all knowledge or information by the witness of any thing opposed to the fact desired to be established. The witness had, as appears from his preceding answers, known and lived within a mile and a quarter of the slave, for fourteen years; thus having had the amplest opportunity of knowing and hearing the fact, if the slave had been unsound in body or mind. The absence of any knowledge of the fact in controversy, by one having such…
2Cases cited25 opinions
- Nelson v. IversonSupreme Court of Alabama · 1853
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- Gilbert v. GilbertSupreme Court of Alabama · 1853
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3Cited by41 opinions
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- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
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- Alabama Power Co. v. Keystone Lime Co.Supreme Court of Alabama · 1914
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