Brewer v. Morgan
Supreme Court of Alabama
Error to the Circuit Court of Covington. Before the Hon. E. Pickens. Assumpsit by Morgan, for the use of John G. Barrow, to recover upon a promissory note for $500, made by one John Chambliss, with the plaintiffs in error, payable to Morgan, who is the defendant in error. The suit was discontinued as to Chambliss, who was not served with process. The declaration contains but a special count upon the note. Judgment and verdict for the plaintiff below.
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Error to the Circuit Court of Covington. Before the Hon. E. Pickens. Assumpsit by Morgan, for the use of John G. Barrow, to recover upon a promissory note for $500, made by one John Chambliss, with the plaintiffs in error, payable to Morgan, who is the defendant in error. The suit was discontinued as to Chambliss, who was not served with process. The declaration contains but a special count upon the note. Judgment and verdict for the plaintiff below. Upon the trial, a bill of exceptions was sealed, which shows, that Chambliss, the principal in the note, and one Sprowls, being about to run…
1Opinion of the CourtChilton, J.
The note sued on, so far as its vitality depends upon the original consideration, is void under our statute, (Dig. 257, § 1,) being given to be staked upon a horse race. Besides, it was returned to the makers, and thus became extinguished as to Chambliss, one of the makers, who, so far as we are informed by the bill of exceptions, was not consenting to its again being put in circulation. It was however subsequently transferred by delivery by Brewer and Holly, upon a new and valid consideration, viz: the release of the slave pledged to Barrow, and it is averred, and proved, that Brewer and…
2Cases cited1 opinion
- Guild v. EagerMassachusetts Supreme Judicial Court · 1822
3Cited by2 opinions
- Bird v. WooleySupreme Court of Alabama · 1853
- Walker v. JohnsonSupreme Court of Alabama · 1886