Mills v. Geron
Supreme Court of Alabama
Error to the Circuit Court of Madisom Tried before the Hon. Thomas A. Walker. Assumpsit by Jehu W. Geron against John P. Mills, for the recovery of a certain sum of money alleged to be due and. owing to plaintiff, under the following state of facts, as disclosed by the bill of exceptions: - In 1889, the defendant was indebted to the plaintiff in the sum of $2858, by promissory note dated October 28, 1889, and payable one day after date; on this note, the sum of $350 ■was…
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Error to the Circuit Court of Madisom Tried before the Hon. Thomas A. Walker. Assumpsit by Jehu W. Geron against John P. Mills, for the recovery of a certain sum of money alleged to be due and. owing to plaintiff, under the following state of facts, as disclosed by the bill of exceptions: - In 1889, the defendant was indebted to the plaintiff in the sum of $2858, by promissory note dated October 28, 1889, and payable one day after date; on this note, the sum of $350 ■was paid on the 10th August, 1841, and the further sum of $500, on the 14th of January, 1842; on the 15th June, 1842, defendant…
1Opinion of the Court
GIBBONSj J-
We do not think that the question presented falls within the rule invoked by the plaintiff in error for its government. The due bill, and the contract here sought to be recovered upon, are entirely consistent with each other. They can both stand, without impugning the one upon the other; neither are they repugnant. The contract here sued upon seems to be entirely outside of the due bill, and in no way connected with it, except that the due bill was given for a balance still remaining due on the note, while the contract on which the suit is brought grew out of the payment of certain…
2Cited by4 opinions
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- Pickel v. St. Louis Chamber of Commerce Ass'nMissouri Court of Appeals · 1881
- Linville v. State ex rel. Board of CommissionersIndiana Supreme Court · 1892
- W. Fowler & Co. v. BellengerSupreme Court of Alabama · 1914