Hubbard v. Baker
Supreme Court of Alabama
Appeal from the Circuit Court of Russell. Tried before Hon. Littleberry Strange. This was an action brought by the appellant against the appellees, Baker, Bugg & Beasley, to recover the sum alleged to be due on a promissory note, which recited that it was given for the hire of three negro slaves. Issue was joined on the pleas of the general issue, and failure of consideration. On the trial, appellant offered to read the note to the jury as evidence in the cause.
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Appeal from the Circuit Court of Russell. Tried before Hon. Littleberry Strange. This was an action brought by the appellant against the appellees, Baker, Bugg & Beasley, to recover the sum alleged to be due on a promissory note, which recited that it was given for the hire of three negro slaves. Issue was joined on the pleas of the general issue, and failure of consideration. On the trial, appellant offered to read the note to the jury as evidence in the cause. The defendant objected, on the ground that “it showed on its face that the consideration for which it was given was the hire of…
1Opinion of the CourtPeck, C. J.
1. The exclusion of the note as evidence rendered a recovery by the plaintiff impossible; he therefore very properly suffered a non-suit under section 2759 of the Revised Code.
2. The court below no doubt excluded said note under the third section of ordinance No. 38 of the convention of 1867, (Pamph. Acts 1868, p. 185,) which is as follows: “ Sec. 3. And be it further ordained, and it is hereby declared, that there is a failure of consideration, and it shall be so held by the courts of this State, upon all deeds, or bills of sale, given for slaves, with covenants of warranty-of title or…
2Cases cited1 opinion
- McElvain v. MuddSupreme Court of Alabama · 1870
3Cited by2 opinions
- Malone v. LacroixSupreme Court of Alabama · 1905
- Malone v. LacroixSupreme Court of Alabama · 1904