Nicholas v. Krebs
Supreme Court of Alabama
Writ of Error to the Circuit Court of Mobile. This was an action of assumpsit, by the defendant in error) as executor, &c. of Catherine Swanson, deceased.
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Writ of Error to the Circuit Court of Mobile. This was an action of assumpsit, by the defendant in error) as executor, &c. of Catherine Swanson, deceased. The first count of the declaration alledges, that the defendant below, on the 15th January, 1829, made his writing of that date, and thereby acknowledged himself to be. good for the sum of three hundred dollars; which writing he delivered to the tes•tatrix; by means whereof the defendant became liable to pay to the testatrix, the sum of money therein mentioned, “presently.” The declaration also contains the common counts in assumpsit. Among…
1Opinion of the CourtCollier, C. J.
Although the writing given in evidence to the jury in this case, does not indicate upon its face the name of the payee, yet it was competent to show by extrinsic proof, who was the party to whom it was delivered, or in whose favor it was intended to acknowledge a liability. Such evidence is admissible, upon the ground that the writing is manifestly incomplete. [3 Phil. Ev. C. & H.’s Notes, 1471, et seq.
It has been repeatedly held by this court, and seems to be well established, that the maker of a promissory note, notwithstanding the usual expression of consideration, such as “ for value…
2Cited by4 opinions
- Boyd v. GilchristSupreme Court of Alabama · 1849
- Foster v. Bush & Co.Supreme Court of Alabama · 1894
- Hart v. Life Ass'nSupreme Court of Alabama · 1875
- Land v. ReeseSupreme Court of South Carolina · 1926