Nelson & Hatch v. Dunn
Supreme Court of Alabama
Error to the Circuit Court of Sumter. Before the Hon. S. Chapman. The defendant in error declared against the plaintiffs, on a promissory note, dated — day of June, 1840, for six thousand dollars, due the 1st of May, 1844, made by defendants, payable to the order of A. Henderson, and by him indorsed to the plaintiff below. At the fall term of the circuit court, a trial was had, and a verdict returned for the plaintiff, for the amount of the note and interest.
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Error to the Circuit Court of Sumter. Before the Hon. S. Chapman. The defendant in error declared against the plaintiffs, on a promissory note, dated — day of June, 1840, for six thousand dollars, due the 1st of May, 1844, made by defendants, payable to the order of A. Henderson, and by him indorsed to the plaintiff below. At the fall term of the circuit court, a trial was had, and a verdict returned for the plaintiff, for the amount of the note and interest. Thereupon judgment was rendered. During the trial, the presiding judge sealed a bill of exceptions, which presents the following facts…
1Opinion of the Court
DARGAN,'J.
It is necessary to ascertain, in the first place, the nature of thé title of the plaintiff,' to the note 'dedared on, as that will aid us in coming to a correct conclusion, whether any of the defences relied on should have been allowed. Henderson, the payee of the note, sold to the plaintiffs in error, in June, 1840, a plantation and about ninety slaves, stock, farming utensils, 8fc. They executed to him eleven promissory notes, the first falling due the' first of May, 1841, and was for $5,000; one falling due on the first- of May of each year afterwards, each for $6,000; except the…
2Cases cited3 opinions
- Sims v. SimsSupreme Court of Alabama · 1841
- Mulheran's Executors v. GillespieNew York Supreme Court · 1834
- Anderson's v. MasonCourt of Appeals of Kentucky · 1838
3Cited by4 opinions
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Hart v. ClarkSupreme Court of Alabama · 1875
- Collins v. BoydSupreme Court of Alabama · 1848
- Graham v. NesmithSupreme Court of Alabama · 1851