Preston v. Dunham
Supreme Court of Alabama
Appeal from City Court of Opelika. Tried before Hon. John M. Chilton. Tbe opinion states tbe case. sought to distinguish this case from those of Hides v. Dillahunty, and West v. Cunningham, citing on this point Chandler v. Lopus, Cro. Jac.; 4 Dyer, 75; and Parsons on Contracts, vol. i. p. 578. The note was properly declared on in the form given by the Code. Harrison v. Weaver, 2 Port. 542. The charge of the court was correct.
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Appeal from City Court of Opelika. Tried before Hon. John M. Chilton. Tbe opinion states tbe case. sought to distinguish this case from those of Hides v. Dillahunty, and West v. Cunningham, citing on this point Chandler v. Lopus, Cro. Jac.; 4 Dyer, 75; and Parsons on Contracts, vol. i. p. 578. The note was properly declared on in the form given by the Code. Harrison v. Weaver, 2 Port. 542. The charge of the court was correct. Hides v. Dillahunty, 8 Porter, 134; West v. Cunningham, 9 Porter, 104 ; Armstrong v. Buford, in MSS. The charge refused was abstract; there is no evidence to prove many…
1Opinion of the CourtJudge, J.
This was an action upon a promissory note, and was declared on as follows: “ The plaintiff claims of the defendant one hundred and seventy dollars due by promissory note made by him on the seventh day of March, 1870, and payable the 1st day of November, 1870, with interest thereon, which said note is the property of the plaintiff.”
The note offered in evidence by the plaintiff was as follows : “ By the first day of November next, I promise to pay J. S. Dunham, ag’t, or bearer, one hundred and seventy dollars, being for guano this day furnished by J. S. Dunham, ag’t, to enable me to make a crop…
2Cases cited6 opinions
- Barnett v. StantonSupreme Court of Alabama · 1841
- Ricks v. DillahuntySupreme Court of Alabama · 1838
- West v. CunninghamSupreme Court of Alabama · 1839
- Slater v. CarterSupreme Court of Alabama · 1860
- Milner v. WilsonSupreme Court of Alabama · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Boykin v. SmithSupreme Court of Alabama · 1880
- Elizabeth City Cotton Mills v. DunstanSupreme Court of North Carolina · 1897
- Weir v. S. & J. T. ClarkAlabama Court of Appeals · 1912
- Yates v. SpoffordIdaho Supreme Court · 1901