Roney's Adm'r v. Winter
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery.. Tried before tbe Hon. S. D. Hale. This action was brought by William C. Roney, (and was revived in the name of his administrator,) against Joseph S. Winter ;. -and was founded on a promissory note, of which the following is a copy : “$390. Montgomery, Ala., Jan. 1‘, 18551. “Twelve months after, date, we promise to pay Wm. C. Roney, or bearer, three-hundred and ninety dollars, for the ■hire of Jim and Jerry for. the present year.
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Appeal from the Circuit Court of Montgomery.. Tried before tbe Hon. S. D. Hale. This action was brought by William C. Roney, (and was revived in the name of his administrator,) against Joseph S. Winter ;. -and was founded on a promissory note, of which the following is a copy : “$390. Montgomery, Ala., Jan. 1‘, 18551. “Twelve months after, date, we promise to pay Wm. C. Roney, or bearer, three-hundred and ninety dollars, for the ■hire of Jim and Jerry for. the present year. Wé are to feed the said negroes, and furnish them with the usual clothing j usual terms. of hiring governing. “For-, the…
1Opinion of the CourtR. W. Walker, J.
The rigid rule of the common law, which requires that a deed, executed by an attorney, for a principal, must be made and executed in the name of the principal, in order to operate as his deed, does not apply to instruments not under seal. — Carter v. Doe d. Chaudron, 21 Ala. 72, 83-7 ; New England Marine Ins. Co. v. Dewolf, 8 Pick. 56 ; Andrews v. Estes, 2 Fairfield, 267 ; Robertson v. Pope, 1 Rich. L. 501; Story Ag. § 148 ; 1 Am. Lead. Cas. (2d ed.) 609.
ifn reference to this latter class of instruments, the rule lis,; that if-the name of the principal appears in the instrument, and it is…
2Cases cited7 opinions
- Pentz v. StantonNew York Supreme Court · 1833
- Long v. ColburnMassachusetts Supreme Judicial Court · 1814
- Emerson v. Providence Hat Manufacturing Co.Massachusetts Supreme Judicial Court · 1815
- Carter v. Doe ex dem. ChaudronSupreme Court of Alabama · 1852
- Hicks v. HindeNew York Supreme Court · 1850
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
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- Jones v. MorrisSupreme Court of Alabama · 1878
- Falsten Realty Co. v. KirkseySupreme Court of Florida · 1931
- Saint Joseph Valley Bank v. Napoleon Motors Co.Michigan Supreme Court · 1925
- Knott v. VenableSupreme Court of Alabama · 1868
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