Powe's Admr's v. Powe
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before the'Hon. John K. Henry. This action was brought by Jesse Gr. Bradley and Mary Powe, as administrators of C. S. Powe, deceased, against Thomas A. Powe, John J. Longmire, and Wm.
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Appeal from the Circuit Court of Wilcox. Tried before the'Hon. John K. Henry. This action was brought by Jesse Gr. Bradley and Mary Powe, as administrators of C. S. Powe, deceased, against Thomas A. Powe, John J. Longmire, and Wm. M. Long-mire, and was commenced on the 26th February, 1866. The cause of action was a promissory note made by the defendants on the 4th day of January, 1864, payable two ' years ftfter date to plaintiff’s as administrators, &c., for the sum of nine thousand two hundred and eighty dollars, with interest from date. The complaint was in the usual form prescribed by the…
1Opinion of the CourtA. J. Walked, C. J.
The second plea was defective. The understanding or agreement that payment should be made in Confederate currency does not of itself constitute a defense to the action. It merely gives a right to reduce the recovery to the value of the stipulated sum in such currency at the maturity of the note. The defendant should have alleged the value of the Confederate currency, and set up a defense thereupon, not to the entire cause of action but only to so much thereof as might be above the value of such currency at the time appointed for payment.
2. The third plea conformed to the form prescribed in…
2Cases cited5 opinions
- Lamb v. LathropNew York Supreme Court · 1834
- Rudulph v. WagnerSupreme Court of Alabama · 1860
- Litchfield v. FalconerSupreme Court of Alabama · 1841
- Day v. LaffertySupreme Court of Arkansas · 1842
- Armstrong v. TaitSupreme Court of Alabama · 1845
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