Muse v. Dantzler
Supreme Court of Alabama
Appeal from the Circuit Court of Autauga. Tried before, the Hon. James R. Dowdell. This action was brought by John T. Muse against S. D. Dantzler, was commenced on the 29th March, 1887, and was founded on the defendant’s writing obligatory, or promissory note under seal, which is copied in the opinion of the court. The defendant pleaded, “in short by consent,” a failure of consideration; and issue was joined on this plea, after demurrer overruled.
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Appeal from the Circuit Court of Autauga. Tried before, the Hon. James R. Dowdell. This action was brought by John T. Muse against S. D. Dantzler, was commenced on the 29th March, 1887, and was founded on the defendant’s writing obligatory, or promissory note under seal, which is copied in the opinion of the court. The defendant pleaded, “in short by consent,” a failure of consideration; and issue was joined on this plea, after demurrer overruled. On the trial, as the bill of exceptions shows, the plaintiff having read in evidence the written instrument sued on, and its assignment to himself,…
1Opinion of the CourtClopton, J.
Appellant seeks by the action to recover on a written instrument, of which the following is a copy:
“$300.00. Montgomery, Alabama, March 8, 1886.
“On the first of Nov. next, I promise to pay to the order of Philpot & Co. three hundred dollars, for value received, at Merchants and Planters’ Nat’l Bank; and for the faithful payment of this note I hereby waive all exemption laws of the State of Alabama, or of the United States, as against the payee or assignee of this note, in regard to the collection thereof. Given under my hand and seal, this 8th day of March, A. D. 1886.”
“S. D. Dantzler, (L.…
2Cases cited9 opinions
- Allen, Bethune & Co. v. Maury & Co.Supreme Court of Alabama · 1880
- Prickett v. SibertSupreme Court of Alabama · 1883
- Leinkauff & Strauss v. MunterSupreme Court of Alabama · 1884
- Clements v. LogginsSupreme Court of Alabama · 1841
- Reed v. ScottSupreme Court of Alabama · 1857
4 more not listed; retrieve them via the Exa API.
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