Holland v. Barnes
Supreme Court of Alabama
Appeal from City Court of Lee. Tried before Hon. John M. Chilton. Emaline Barnes, the appellee, brought suit against tbe appellant Holland, to recover of him, as administrator, the amount of a note made by bis intestate, Ingersoll.
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Appeal from City Court of Lee. Tried before Hon. John M. Chilton. Emaline Barnes, the appellee, brought suit against tbe appellant Holland, to recover of him, as administrator, the amount of a note made by bis intestate, Ingersoll. The evidence tende.d to show that at tbe time of tbe exeeution of the note, as well as up to the time of his death two years afterwards, Ingersoll was in feeble health, and his mental faculties so much impaired by drink that he was incapable of making a contract. Appellee procured the execution of the note in the absence of IngersolPs agent, and while only one…
1Opinion of the CourtBrickell, C. J.
1. The appellee, who was plaintiff in the court below, was suing on a promissory note payable to her, made by the intestate of the appellant. Among other defences interposed, was the plea of payment. The appellant having proved the admission of the appellee that she had received from the intestate a check for one hundred dollars, on which she had obtained the money, all of which exept fifteen dollars, she had appropriated to her own use ; the appellee was introduced as a witness on her own behalf, and was asked if she got the money on the check, to which she answered affirmatively. She was…
2Cases cited3 opinions
- Ward v. StateSupreme Court of Alabama · 1856
- DeKalb County v. SmithSupreme Court of Alabama · 1872
- Hale v. BrownSupreme Court of Alabama · 1847
3Cited by38 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
- Douglas v. OgleSupreme Court of Florida · 1920
- Ross v. StateSupreme Court of Alabama · 1903
- Feibelman v. Manchester Fire Assurance Co.Supreme Court of Alabama · 1895
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