Lively v. Robbins
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. Wm. S. Mudd. This action was brought by Joseph B. Lively, against John B. Robbins, L. M. Robbins, and Thomas B. Robbins; was commenced on the 13th August, 1868; and was founded on a promissory note, executed by the defendants, which was in the following words : “ By tbe 25tb day of December next, we, or either of ns, promise to pay Joseph B. Lively, or bearer, the sum of seven hundred dollars, for value…
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. Wm. S. Mudd. This action was brought by Joseph B. Lively, against John B. Robbins, L. M. Robbins, and Thomas B. Robbins; was commenced on the 13th August, 1868; and was founded on a promissory note, executed by the defendants, which was in the following words : “ By tbe 25tb day of December next, we, or either of ns, promise to pay Joseph B. Lively, or bearer, the sum of seven hundred dollars, for value received of him. The condition of the above note is, that if the conscrip should take J. B. Bobbins, the note to be void; if…
1Opinion of the CourtStone, J.
In tbe construction of contracts, tbe cardinal rule is, to effectuate, if possible, tbe intention of tbe parties; and where tbe contract appears to have been drawn up by a person unskilled in tbe use of language, greater latitude of construction is-permissible, in arriving at tbat intention. — See Shepherd’s Digest, 497, §§ 124,126. When a contract admits of two constructions, one of which will destroy, and tbe other uphold it, tbe latter construction must prevail; thus construing tbe contract most strongly against tbe party promising.—Shepherd’s Dig. 499, § 146; Livingston v. Arrington, 28…
2Cases cited1 opinion
- Livingston v. ArringtonSupreme Court of Alabama · 1856
3Cited by3 opinions
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- Ferguson v. City of SelmaSupreme Court of Alabama · 1869
- Jones v. LanierSupreme Court of Alabama · 1916