Goldsmith & Davis v. McCafferty
Supreme Court of Alabama
Appeal from the City Court of Birmingham. •Tried before the lion. H. A. Sharpe. This was an action of assumpsit, brought by the appellants against the appellee on a promissory note. The defendant pleaded the general issue, want of consideration, and failure of consideration. Upon the trial of the cause, as is shown by the bill of exceptions, the plaintiff introduced the note sued on, which was in words and figures as follows : "$129.80. Birmingham, Ala.
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Appeal from the City Court of Birmingham. •Tried before the lion. H. A. Sharpe. This was an action of assumpsit, brought by the appellants against the appellee on a promissory note. The defendant pleaded the general issue, want of consideration, and failure of consideration. Upon the trial of the cause, as is shown by the bill of exceptions, the plaintiff introduced the note sued on, which was in words and figures as follows : "$129.80. Birmingham, Ala. June 1st, 1890. Four months after date I promise to pay to the order of Goldsmith & Davis, one hundred twenty-nine and 80-100 dollars, value…
1Opinion of the CourtMcOLELLAN, J.
On May 12, 1890, Goldsmith & *668Davis sold to McOafferty “1 bale Havana tobacco, 118 lbs. at $1.10 — $129.80, and one case leaf tobacco, 350 lbs, 30 cents, $105,” on four months time. On August 4th, 1890, the evidence tends to show, McOafferty delivered separate notes for the two items of the account, that for $129.80 being the price of the bale of Havana bearing date as of June 1st, and that for $105, being the price of the case of leaf tobacco, bearing date as of July 1st. Each note was payable four months after date. Before these notes were executed a controversy arose .between the parties as…
2Cases cited4 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1881
- Goldsmith v. StateSupreme Court of Alabama · 1888
- Schaungut's Adm'r v. UdellSupreme Court of Alabama · 1890
- State v. VanceSupreme Court of Alabama · 1885
3Cited by7 opinions
- Karpeles v. City Ice Delivery Co.Supreme Court of Alabama · 1916
- Coleman v. PepperSupreme Court of Alabama · 1909
- Humphrey v. BoschungSupreme Court of Alabama · 1971
- McCary v. Ala. Gt. South. R. R.Supreme Court of Alabama · 1913
- Coulter v. HolderSupreme Court of Alabama · 1971
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