Jackson v. Jones
Supreme Court of Alabama
Writ of Error to the Circuit Court of Dallas. Before the Hon. E. Pickens. This was an action of assumpsit, brought by the plaintiff in error, against the defendant on a promissory note.
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Writ of Error to the Circuit Court of Dallas. Before the Hon. E. Pickens. This was an action of assumpsit, brought by the plaintiff in error, against the defendant on a promissory note. At the trial, a bill of exceptions was sealed by the judge, which discloses the following facts: The defendant, and one Ferrand, were partners in trade, and during the continuance of the firm, Ferrand, who superintended the business, borrowed of the plaintiff, the sums of money for which he executed the notes of the firm, with a verbal agreement, that the plaintiff should be paid five per cent, a month by way…
1Opinion of the CourtDargan, J.
The first question presented by the assignment of errors, is, whether Ferrand was a competent witness, after he was released from all liability or claim by Jones, on account of the two notes executed by him to the plaintiff, in the name of the firm of Jones & Ferrand, and which formed the consideration of the note sued on. We are not able to perceive what interest Ferrand had in the suit, after the execution of the release. The firm notes had been taken up by Jones, he giving his individual note in payment of them. Jones had the right to demand of Ferrand his proportion of those two notes,…
2Cases cited3 opinions
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Bridge v.HubbardMassachusetts Supreme Judicial Court · 1818
- Jackson ex dem. Skinner v. PackardNew York Supreme Court · 1831
3Cited by4 opinions
- McCormick v. FallierSupreme Court of Alabama · 1931
- McCullough v. MitchellSupreme Court of Alabama · 1879
- Wild v. CrumSupreme Court of Alabama · 1922
- Broughton's Adm'r v. BradleySupreme Court of Alabama · 1860