Trotter v. Crockett
Supreme Court of Alabama
This action was trespass on the case, instituted by the defendant in error, in the Circuit Court of Lawrence. The plaintiff declared, (with other counts,) on an undertaking in writing, executed by the mercantile firm of Trotter & McGonegal, (of which Trotter was survivor,) whereby, the latter, in consideration of goods, wares and merchandize before that time sold and delivered, agreed to pay the plaintiff a certain amount of money, in cash notes, on solvent men in Lawrence…
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This action was trespass on the case, instituted by the defendant in error, in the Circuit Court of Lawrence. The plaintiff declared, (with other counts,) on an undertaking in writing, executed by the mercantile firm of Trotter & McGonegal, (of which Trotter was survivor,) whereby, the latter, in consideration of goods, wares and merchandize before that time sold and delivered, agreed to pay the plaintiff a certain amount of money, in cash notes, on solvent men in Lawrence county. The declaration averred, that the notes (which it appeared had been transferred, in pursuance of the agreement,)…
1Opinion of the Court
By Mr. Justice Thornton :
This was an action on the case, brought by the defendant in error, in the Circuit Court of Lawrence county; the declaration in which, contained various counts, and among them, one on a special assumpsit-in writing, whereby Trotter & McGonegal. a mercantile firm, of which Trotter is survivor, promised to pay to Crockett, the sum of three thousand five hundred and sixty five dollars and fourteen cents, in cash notes, on solvent men in Lawrence county, Alabama, on or before the 1st of January, 1822, for value received. During the progress of the trial, a bill of…
2Cases cited1 opinion
- Union Bank of Georgetown v. LairdSupreme Court of the United States · 1817
3Cited by9 opinions
- Rutledge's Adm'r v. Townsend, Crane & Co.Supreme Court of Alabama · 1863
- Russell v. HesterSupreme Court of Alabama · 1846
- Semple & Birge Manufacturing Co. v. DetwilerSupreme Court of Kansas · 1883
- Chilton v. ComstockSupreme Court of Alabama · 1842
- City Bank v. YoungSupreme Court of New Hampshire · 1862
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