Bright v. Young
Supreme Court of Alabama
Error to the Circuit Court of Tallapoosa. Before the Hon. George W. Stone. This was an action on a promissory note made by James ■ Young, Reuben G. Young and William Winslett, in favor of the plaintiffs in error. James and Reuben G. Young did not defend, but suffered a judgment to go against them by default.
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Error to the Circuit Court of Tallapoosa. Before the Hon. George W. Stone. This was an action on a promissory note made by James ■ Young, Reuben G. Young and William Winslett, in favor of the plaintiffs in error. James and Reuben G. Young did not defend, but suffered a judgment to go against them by default. Winslett appeared to the suit, and relied for his defence on the facts, that he was but the surety of said James and Reuben G. Young, and that the plaintiffs had upon valuable consideration, and without his consent, given day to the said James and Reuben G. To make out this defence,…
1Opinion of the CourtChilton, J.
The main ground relied upon by the plaintiffs in error to reverse this cause, is the admission of secondary evidence of the contents of a mortgage deed executed by J. and R. G. Young to them. This deed, which was executed and delivered to them, and which remains unsatisfied, the law presumes to be in their custody, and it was their duty, if they apprehended any injury from an imperfect description of it by witnesses, or from the introduction of a copy, to have produced the original.
*115One of the plaintiffs, in answer to interrogatories propounded to him for a discovery as to the mortgage sought…
2Cases cited3 opinions
- Jackson, ex rel. Hoogland v. VailNew York Supreme Court · 1831
- Thompson v. IvesSupreme Court of Alabama · 1847
- Thomas v. WallaceSupreme Court of Alabama · 1843
3Cited by1 opinion
- St.Louis & S. F. R. R. v. SuttonSupreme Court of Alabama · 1910