McGehee v. Powell
Supreme Court of Alabama
Writ of error to the Circuit Court of Benton. Assumpsit by Powell,as the administrator oflsaacLyon,against McGehee. The declaration contains four counts to the following effect, to wit: the first is against him. as the maker of a note for $ 1,000, dated 19th November, 1838, payable to Lyon or order, four months after date, negotiable and payable at the office of the Wetumpka Trading Company. The only averment in this count is, that the time of payment has passed.
Read the full summary
Writ of error to the Circuit Court of Benton. Assumpsit by Powell,as the administrator oflsaacLyon,against McGehee. The declaration contains four counts to the following effect, to wit: the first is against him. as the maker of a note for $ 1,000, dated 19th November, 1838, payable to Lyon or order, four months after date, negotiable and payable at the office of the Wetumpka Trading Company. The only averment in this count is, that the time of payment has passed. The second describes the same as payable in notes of the Wetumpka Trading Company, or State Bank notes, and contains the averment…
1Opinion of the CourtGoldthwaite, J.
1. Before entering upon the consideration of the questions we intend to decide in this case, we think *835proper to remark, that no serious objection is stated to the counts of the declaration upon which the cause went to the jury ; nor has any particular stress been laid on the exclusion from the jury of the notes of the Trading Company offered in evidence. The only plea on which, if at all, these were admissible, had previously been stricken out, and the indebtedness and insolvency of the company were entirely immaterial facts, in the manner in which the suit was defended.
2. Nor is it materia]…
2Cases cited1 opinion
- Branch Bank at Montgomery v. CrocheronSupreme Court of Alabama · 1843
3Cited by1 opinion
- Scheible v. BachoSupreme Court of Alabama · 1868