McPherson v. Harris
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before the Hon. John Henderson. The plaintiff, Thomas H. Harris, brought suit to the fall term, 1869, of the Circuit Court of Talladega county, against William McPherson and Moses Hamilton, upon a promissory note. The defendants pleaded in short, by consent, the general issue, with leave to give in evidence any matter that might be specially pleaded.
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Appeal from the Circuit Court of Talladega. Tried before the Hon. John Henderson. The plaintiff, Thomas H. Harris, brought suit to the fall term, 1869, of the Circuit Court of Talladega county, against William McPherson and Moses Hamilton, upon a promissory note. The defendants pleaded in short, by consent, the general issue, with leave to give in evidence any matter that might be specially pleaded. Issue being joined, the plaintiff read in evidence the following note: §600.00. Talladega, October 30th, 1867. One day after date, we, or either of us, promise to pay Jacob Perry, as guardian of…
1Opinion of the Court
BRICKELL, C. J.—
The case presents but a single question—the true construction of the contract entered into o.n the first day of January, 1867, by Jacob Perry, William McPherson, Moses Hamilton and William G. McPherson. In the construction of written or verbal contracts, the great object is to ascertain, and if possible effectuate the intention of the parties. In ascertaining such intention, the court must place itself in the situation of the contracting parties at the time of making the contract, and consider their obvious design as to the purposes to be accomplished.— Pollard v. Maddox, 28…
2Cases cited2 opinions
- Pollard v. MaddoxSupreme Court of Alabama · 1856
- Bryant v. BryantSupreme Court of Alabama · 1859
3Cited by2 opinions
- Henderson v. MurphreeSupreme Court of Alabama · 1895
- McDonnell v. JordanSupreme Court of Alabama · 1904