McCollom v. Hogan
Supreme Court of Alabama
Writ of error to the Circuit Court of Fayette County. ACTION of assumpsit on a promissory note. In the transcript of the record, is found the following memorandum of pleas: “ Want of consideration. Failure of consideration. Fraud.” “Pleas by leave of the court at the spring term, 1830. (This was the trial term.) Non assumpsit. Payment. Setoff. Want of consideration. Failure of consideration.
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Writ of error to the Circuit Court of Fayette County. ACTION of assumpsit on a promissory note. In the transcript of the record, is found the following memorandum of pleas: “ Want of consideration. Failure of consideration. Fraud.” “Pleas by leave of the court at the spring term, 1830. (This was the trial term.) Non assumpsit. Payment. Setoff. Want of consideration. Failure of consideration. That subsequent to the making of the note, to wit: on &c\, at &e., the said plaintiff in consideration that the defendants would punctually pay the interest, &e., agreed in writing, to forbear and wait…
1Opinion of the CourtGoldthwaite, J.
— The question presented in this case, is similar in principle to that decided by this court in Abercrom*516bie v. Mosely, (9 Porter 145.) The only difference is, that in the case cited one issue was determined by the jury, whilst in this the pleas were wholly disregarded. We then slated the reasons which induced us to depart from some of the earlier decisions of this court on this matter of practice, and those reasons are equally forcible, whether applied to the state of the record in this or the other case. It is not possible to conceive that any defence to this case existed in point of fact,…
2Cases cited2 opinions
- Abercrombie v. MoselySupreme Court of Alabama · 1839
- Gaston v. ParsonsSupreme Court of Alabama · 1839
3Cited by12 opinions
- American National Bank & Trust Co. of Mobile v. LongSupreme Court of Alabama · 1968
- Hutchison & Wilson v. PowellSupreme Court of Alabama · 1890
- McCoy v. Harrell, Nichols & Co.Supreme Court of Alabama · 1866
- McCord v. Harrison StringerSupreme Court of Alabama · 1922
- Lokey v. WardSupreme Court of Alabama · 1934
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