Cleaver v. Patterson

The defendant in error declared upon a writing of the following tenor, viz: “$614 90. Received of Ro. B. Patterson, six hundred and fourteen 90-100 dollars, which I am to account for. 4th December, 1843. William Cleaver.” And the only questions raised by the demurrer to the first count, and the ruling of the circuit court, as shown by the bill of exceptions, are’ whether this writing indicates an absolute indebtedness by the maker, on which a suit may be instituted without a previous demand.

It is insisted for the plaintiff in error, that Wellborn v. Sheppard, 5 Ala. Rep. 674, is decisive as…