Evans v. Sanders
Supreme Court of Alabama
Error to Wilcox Circuit court. Assumpsit on note, tried 'by Judge Pickens. The defendant in error, brought an action of assump-sit against the plaintiff, in the Circuit court of Wilcox, on a promissory note of the following tenor: “ $1243 83. “ Wilcox county, So.
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Error to Wilcox Circuit court. Assumpsit on note, tried 'by Judge Pickens. The defendant in error, brought an action of assump-sit against the plaintiff, in the Circuit court of Wilcox, on a promissory note of the following tenor: “ $1243 83. “ Wilcox county, So. Alabama, 20th December, 1834. On first January, eighteen hundred and thirty-six, (with interest from 1835,) I promise to pay Moses Sanders, or bearer, twelve hundred and forty-three dollars, and eighty-three cents, for value received. (Signed,) Harris Smith Evans.” Tfie only point made by the assignment of errors, arose out of a bill…
1Opinion of the CourtCollier, C. J.
— It is an acknowledged rule, in the construction of written contracts, that the intention of the parties, as ascertained from its terms, and the subject matter, determines its meaning—(See Pothier, part 1, c. 1, s. 1, art. 7; Davis et al. vs. Barney, Harris & Gill, 382; Harper vs. Hampton, 1 Har. & Johns. R. 672; ibid. 658 and 661; Fallow vs. Martin, Harper’s So. Ca. R. 410.)
■ So, in questions of doubt, it is equally well settled, that the contract is to be construed most strongly against the party who stipulates the payment of a debt, or the *499performance of a duty — (Pothier, ut supra;…
2Cases cited2 opinions
- Kimball v. CunninghamMassachusetts Supreme Judicial Court · 1808
- Conner v. HendersonMassachusetts Supreme Judicial Court · 1818
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- Voyager Life Ins. Co., Inc. v. WhitsonSupreme Court of Alabama · 1997
- Denson v. CaddellSupreme Court of Alabama · 1917
- Ballard v. BurtonSupreme Court of Vermont · 1892
- Match Corp. of America v. Acme Match Corp.Appellate Court of Illinois · 1936
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