Legal Opinion

Hunley v. Willis Lang & Co.

Supreme Court of Alabama

Decided January 15, 1837PublishedCited by 2 opinions

On a writ of error to the County Court of Tus-kaloosa county. This was an action of assumpsit upon twelve promissory notes, eleven for the sum of forty-five dollars each, and one other for the sum of nineteen dollars and forty-four cents — all executed by the defendant, Hunley.

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On a writ of error to the County Court of Tus-kaloosa county. This was an action of assumpsit upon twelve promissory notes, eleven for the sum of forty-five dollars each, and one other for the sum of nineteen dollars and forty-four cents — all executed by the defendant, Hunley. The writ was issued in the name of Willis Lang, Dugall C. Shaw and James E. Watts, copartners, known by the name and style of “Willis Lang & Co.” The declaration was in the same style, and contained a single count, for money lent and advanced, and money paid, laid out and expended: and the pleas were, non assumpsit,…

1Opinion of the CourtCollier, J.

The defendants in error, declared against the plaintiff in the County Court of Tus-kaloosa, in assumpsit, for money lent and advanced, and money paid, laid out and expended. The pleas were non assumpsit, former recovery, set off.J and the statute of limitations.

On the trial, the Judge sealed a bill of exceptions, which states the following facts. “The plaintiffs, to sustain on their part, the issues joined between the parties, offered in evidence eleven promissory notes, for the sum of forty-five dollars each, and a twelfth *156for the sum of ninteen dollars and forty-four cents, all signed, J.…

2Cases cited1 opinion

  1. Baker v. JewellMassachusetts Supreme Judicial Court · 1810

3Cited by2 opinions

  1. Starke v. KenanSupreme Court of Alabama · 1847
  2. Palmer v. SulzbySupreme Court of Alabama · 1914

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