Young v. Scott
Supreme Court of Alabama
Error to the Circuit Court of Benton. Debt by the plaintiff as assignee of John Twitty, against the defendant in error. The declaration contains two counts, in both of which the instrument sued on is declared upon as á sealed instrument, executed by one Dunlap Scott, for the payment to John Twitty, on the 23d of October, 1828, of one thousand dollars, in current bank notes.
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Error to the Circuit Court of Benton. Debt by the plaintiff as assignee of John Twitty, against the defendant in error. The declaration contains two counts, in both of which the instrument sued on is declared upon as á sealed instrument, executed by one Dunlap Scott, for the payment to John Twitty, on the 23d of October, 1828, of one thousand dollars, in current bank notes. Proferí is made of the deed, and an allegation that it was assigned to the plaintiff The second count is the same as the first, with the addition, that the writing obligatory sued on, is alleged to be a sealed instrument…
1Opinion of the CourtOrmond, J.
One question which it appears was intended to be presented is not raised upon the record. It appears from the declaration that the instrument sued on, is a writing obligatory. The plea appears to have been designed to question this, but as the instrument is not set out on oyer, it is impossible for this court to say whether it is a bond or simple Contract; this point therefore, is not in a condition to be considéred in this court.
The other question is, whether debt will lie upon a bond pro-missing to pay “ one thousand dollars in current bank notes.”
There has been some contrariety of decision…
2Cases cited2 opinions
- Campbell v. WeisterCourt of Appeals of Kentucky · 1822
- Jackson v. WaddillSupreme Court of Alabama · 1828
3Cited by7 opinions
- Hale v. Huston, Sims & Co.Supreme Court of Alabama · 1870
- Jolley v. Walker's Adm'rsSupreme Court of Alabama · 1855
- Carlisle v. DavisSupreme Court of Alabama · 1844
- Bank of Mobile v. BrownSupreme Court of Alabama · 1868
- Nesbitt v. WareSupreme Court of Alabama · 1857
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