Legal Opinion

Adm'r of Gee v. Williamson ex rel. Nicholson

Supreme Court of Alabama

Decided January 15, 1835PublishedCited by 5 opinions

:Error from Wilcox Circuit Court — Before the Hon. Sign L'. Perry. This was an action of trespass on the case, brought ’ey /illiahison for the use of Nicholson, against Gee, on a wrii^ 1 ten instrument given by the latter to Williamson, acknowledging the receipt of eleven hundred dollars, the amount of a debt then due from Williamson to the St. Stephens Bank, and promising to pay the said bank debt as the instalments should become due.

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:Error from Wilcox Circuit Court — Before the Hon. Sign L'. Perry. This was an action of trespass on the case, brought ’ey /illiahison for the use of Nicholson, against Gee, on a wrii^ 1 ten instrument given by the latter to Williamson, acknowledging the receipt of eleven hundred dollars, the amount of a debt then due from Williamson to the St. Stephens Bank, and promising to pay the said bank debt as the instalments should become due. The questions for this court to determine, arise in regard to the admissibility and effect of two records, which were offered as evidence. One of these records…

1Opinion of the Court

'Ey Mr. Justice Thornton :

This cause was once before brought up by writ of error to this court; and was reversed and remanded.a

The declaration contains, in addition to the common counts in assumpsit, one upon a writing of the intestate of the plaintiff in error, described in said count as an agreement or writing, dated the 14th of March, 1821, under his hand, acknowledging that he had received of the defendant in error, Williamson, the sum of eleven hundred dollars, which was the full amount due by said Williamson in the St. Stephens Bank, which said sum of eleven hundred dollars, the said…

2Cases cited1 opinion

  1. Gee v. NicholsonSupreme Court of Alabama · 1830

3Cited by5 opinions

  1. Clark v. WhitfieldSupreme Court of Alabama · 1925
  2. Jesse v. CaterSupreme Court of Alabama · 1856
  3. Herstein v. WalkerSupreme Court of Alabama · 1887
  4. Hagerthy v. BradfordSupreme Court of Alabama · 1846
  5. Price v. Price's Adm'rSupreme Court of Alabama · 1853

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