Sugg's Administrator v. Winston's Administratrix
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert. Tried before the Hon. James S. Clark. This action was brought by the administrator of William Sugg, deceased, against the administratrix of Isaac Winston, deceased; was commenced on the 81st September, 1867, and was founded on a promissory note, of which the following is a copy: — “ 1225.75. Tuscumbia, Ala., Jan. 2, 1860. “ One day from date, for value received, I promise to pay Peet & Winston two hundred and twenty-five dollars.
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Appeal from the Circuit Court of Colbert. Tried before the Hon. James S. Clark. This action was brought by the administrator of William Sugg, deceased, against the administratrix of Isaac Winston, deceased; was commenced on the 81st September, 1867, and was founded on a promissory note, of which the following is a copy: — “ 1225.75. Tuscumbia, Ala., Jan. 2, 1860. “ One day from date, for value received, I promise to pay Peet & Winston two hundred and twenty-five dollars. Witness my hand and seal. W. S. Mhoon. [L. S.] ” This note was transferred by the payees to said Isaac Winston, defendant’s…
1Opinion of the CourtBrickell, J.
— The contract of an assignor of paper not commercial is, under our statutes, conditional, and cannot ripen into an absolute undertaking, except upon the performance of the conditions prescribed, or the allegation and proof of the facts excusing performance. The condition* prescribed, when the amount due on the contract is, as in this case, over fifty dollars, is a suit against the maker, in the county of his residence, to the first court to which suit can be properly brought, after making the indorsement or assignment; and, if judgment is obtained, execution must be issued, returnable to the…
2Cases cited7 opinions
- Martin v. HewittSupreme Court of Alabama · 1870
- Mosely v. TuthillSupreme Court of Alabama · 1871
- Griffin v. Ryland & BurnsSupreme Court of Alabama · 1871
- Wilson v. IsbellSupreme Court of Alabama · 1871
- Brown v. JohnsonSupreme Court of Alabama · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Caulfield v. FinneganSupreme Court of Alabama · 1896