Branch of the Bank of the State v. James
Supreme Court of Alabama
Appear from the Circuit Court of Mobile. This was a proceeding by notice and motion, at the suit of the appellant, to recover of the appellees and Robert D. James the amount of a promissory note made by them on the 11th March, 1841, by which they promised to pay Twelve months after date, to B. Gayle, cashier, or bearer, twenty-six thousand two hundred and thirty-one 14-100 dollars, with interest from date, for value received, negotiable and payable at the Branch of the Bank…
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Appear from the Circuit Court of Mobile. This was a proceeding by notice and motion, at the suit of the appellant, to recover of the appellees and Robert D. James the amount of a promissory note made by them on the 11th March, 1841, by which they promised to pay Twelve months after date, to B. Gayle, cashier, or bearer, twenty-six thousand two hundred and thirty-one 14-100 dollars, with interest from date, for value received, negotiable and payable at the Branch of the Bank of the State of Alabama at Mobile.” The cause was tried on issues joined to the plea of nil debit, severally interposed…
1Opinion of the CourtCollier, C. J.
The note which the defendants in error united with R. D. James in making, matured in March, 1842, and in February preceding, the proposition of the principal to convey property to the plaintiff, upon a stipulation that he should not be sued, nor his property sold for five years thereafter, was submitted to the Bank; and afterwards consummated by the execution of a deed of trust. Here was a clear agreement by the creditor to give time to the principal upon a sufficient consideration — the conveyance by way of security of a large estate, apparently more than adequate to pay the debt in toto.…
2Cited by11 opinions
- Warburton v. RalphWashington Supreme Court · 1894
- Compton v. SmithSupreme Court of Alabama · 1897
- Summerhill v. TappSupreme Court of Alabama · 1875
- Riley v. GreggWisconsin Supreme Court · 1863
- Scott v. ScruggsSupreme Court of Alabama · 1891
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