White v. Word
Supreme Court of Alabama
Error to the Circuit Court of Limestone. Tried before the Hon. Thomas A. Walker. Debt by the defendant in error, as the administrator of James Word, against White, as the maker of two promissory notes, each payable to John Taylor, and assigned by him to the intestate in his lifetime; both assignments bearing date May 13, 1853. The first note is for the payment of $41 T\e7 on the 2d day of January, 1842 ; the other is in these words: “ 20 27. — One day after I promise to pay…
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Error to the Circuit Court of Limestone. Tried before the Hon. Thomas A. Walker. Debt by the defendant in error, as the administrator of James Word, against White, as the maker of two promissory notes, each payable to John Taylor, and assigned by him to the intestate in his lifetime; both assignments bearing date May 13, 1853. The first note is for the payment of $41 T\e7 on the 2d day of January, 1842 ; the other is in these words: “ 20 27. — One day after I promise to pay John Taylor twenty dollars and twenty-seven cents, value rec’d. January 1, 1843. (Signed) Samuel D. White.” The…
1Opinion of the CourtLigon, J.
The first point arising out of the assignment *445of errors relates to tbe action of tbe court, in overruling tbe defendant's motion to exclude from tbe jury tbe note for $20 Tyo, wbicb tbe plaintiff in tbe court below proposed to read under bis declaration. This objection is founded upon a supposed material variance between tbe note set out in tbe declaration, and tbe one proposed to be read, in this: tbe declaration, in one count, sets out a note for tbe sum of $20 Ty7, payable “one day after date," and tbe note produced and read to tbe jury is for tbe sum of $20 payable “ one day after,” tbe…
2Cases cited4 opinions
- Harbin v. LeviSupreme Court of Alabama · 1844
- Legal Representatives of Thomas v. HopperSupreme Court of Alabama · 1843
- Cox v. CooperSupreme Court of Alabama · 1841
- Hall v. ChenaultSupreme Court of Alabama · 1848
3Cited by7 opinions
- Boykin v. Bank of MobileSupreme Court of Alabama · 1882
- Rembert v. StateSupreme Court of Alabama · 1875
- Rather v. Young's Adm'rsSupreme Court of Alabama · 1876
- Countiss v. WhitingAppellate Court of Illinois · 1940
- Harwood v. HarperSupreme Court of Alabama · 1875
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