Saunders v. Hendrix
Supreme Court of Alabama
ERROR to the Circuit Court of Tuskaloosa. This was an action commenced by the defendant in error, against the plaintiff in error, and one Obadiah Mayfield, as joint makers of two promissory notes, for thirteen hundred and twenty dollars, each. Mayfield having died, the suit was abated as to him. Pending the trial, a bill of exceptions was taken by the plaintiff in error, by which it appears that the plaintiff produced and read in evidence, the notes declared on.
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ERROR to the Circuit Court of Tuskaloosa. This was an action commenced by the defendant in error, against the plaintiff in error, and one Obadiah Mayfield, as joint makers of two promissory notes, for thirteen hundred and twenty dollars, each. Mayfield having died, the suit was abated as to him. Pending the trial, a bill of exceptions was taken by the plaintiff in error, by which it appears that the plaintiff produced and read in evidence, the notes declared on. Upon the notes were sundry credits, one of which, was contended by the plaintiff to be but one hundred dollars, whilst the defendant…
1Opinion of the CourtOrmond, J.
The questions presented on the bill of exceptions for our consideration, are,
1. Whether the parol testimony offered in reference to the in-dorsement of payment on the note was properly received. The general doctrine in reference to a receipt, acknowledging the payment of money, is, that it is an admission, which although prima facie evidence against the party making it, is open to explanation by him, as that it was made by mistake or misrepresentation.
In this case, it appears that either from accident or design, a writing on the back of one of the notes, was so unintelligible that it was…
2Cases cited1 opinion
- Mead v. StegerSupreme Court of Alabama · 1837
3Cited by13 opinions
- Mahlstedt v. Ideal Lighting Co.Illinois Supreme Court · 1915
- Gravlee v. LamkinSupreme Court of Alabama · 1897
- Gross v. StateCourt of Criminal Appeals of Texas · 1911
- Gant v. StateCourt of Criminal Appeals of Texas · 1909
- Mercer v. PattersonIndiana Supreme Court · 1872
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