Cockrill's Adm'r v. Hobson
Supreme Court of Alabama
Error to the County Court of Franklin. Tried before the1 Hon. Richard S. Watkins, Judge. Assumpsit by defendant against plaintiffs in error on the endorsement by their intestate of a promissory note made by David Deshler, dated 18th January 1840,. at twenty-eight months after date, and payable at the Planters’ Bank of Tennessee at Nashville.
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Error to the County Court of Franklin. Tried before the1 Hon. Richard S. Watkins, Judge. Assumpsit by defendant against plaintiffs in error on the endorsement by their intestate of a promissory note made by David Deshler, dated 18th January 1840,. at twenty-eight months after date, and payable at the Planters’ Bank of Tennessee at Nashville. The suit was instituted on the'23d July 1842. The declaration contained five counts, to the third, fourth and fifth of which a demurrer was interposed. The third and fourth counts, as far as is necessary, are set out in the opinion of the court. The…
1Opinion of the CourtCollier, C. J.
1. The third count alleges, that the intestate, previous to the maturity of the note indorsed by him, received from the maker, “ property, money, bank notes, and effects, sufficient to pay off and discharge it,” with interest, &c., and that in consideration thereof, he undertook and promised to pay the same, and thereby waived the necessity of notice of demand and non-payment. These allegations we think are a sufficient substitute for demand and notice, and if proved, when taken in connection with other parts of the declaration would entitle the plaintiff to recover. In the fourth count it is…
2Cases cited4 opinions
- Jones' Executors v. LightfootSupreme Court of Alabama · 1846
- Stewart v. ConnerSupreme Court of Alabama · 1846
- Pinkston v. HuieSupreme Court of Alabama · 1846
- King v. MoselySupreme Court of Alabama · 1843
3Cited by2 opinions
- Dallas Compress Co. v. LiepoldSupreme Court of Alabama · 1921
- Moody v. KellerSupreme Court of Alabama · 1900