Kidd & Co. v. Cromwell, Haight & Co.
Supreme Court of Alabama
Error to the Circuit Court of Shelby. Tried before the Hon. John D. Phelan. This was an action of assumpsit by the defendants against the plaintiffs in error to recover the amount due on a promissory note, dated 1st March 1S45, at nine months .after date, and payable at the office of Rhea, Sykes & Co., Mobile. It appears by the bill of exceptions that the note was protested at maturity for non-payment and returned to the payees in New York, who remitted it to Messrs.
Read the full summary
Error to the Circuit Court of Shelby. Tried before the Hon. John D. Phelan. This was an action of assumpsit by the defendants against the plaintiffs in error to recover the amount due on a promissory note, dated 1st March 1S45, at nine months .after date, and payable at the office of Rhea, Sykes & Co., Mobile. It appears by the bill of exceptions that the note was protested at maturity for non-payment and returned to the payees in New York, who remitted it to Messrs. Woodward & Woodward, attorneys at law, for collection; that Messrs. W. & W. afterwards, under instructions from the payees,…
1Opinion of the CourtChilton, J.
It is the peculiar province of the court to construe and expound written instruments, and to declare their legal effect. — Martin v. Chapman, 6 Port. 344. Is.the case before us, the evidence of the agency of Rhea Sykes & Co. for Cromwell, Haight & Co. consists of a written receipt, executed by them (R., S. & Co.) for the note sent them as the agents, of the plaintiffs in error, in accordance with their letter under date, the 20th December 1845* to the payees. If the proof set out in this record is the only evidence that Rhea* Sykes & Co. were the agents of the payees, then we have no…
2Cases cited1 opinion
- Martin v. ChapmanSupreme Court of Alabama · 1838
3Cited by4 opinions
- Schafer v. OlsonNorth Dakota Supreme Court · 1912
- Bradford v. BarclaySupreme Court of Alabama · 1863
- Southern Ry. Co. v. CortnerAlabama Court of Appeals · 1912
- Gillespy v. LittleAlabama Court of Appeals · 1917