Read v. Wheeler
Tennessee Supreme Court
This was an action of debt. The declaration stated, “that the said Thomas J. Read, by his certain note in writing, his own proper hand being thereto subscribed, acknowledged that there was due by him to said John J. Y J Wheeler, the ^um of fifteen hundred and thirty dollars, J 9 sixty-three cents, value received, &c.” The defendant pleaded payment. A verdict and judgment was rendered against him, from which he prosecuted a writ of error to this court.
1Opinion of the CourtHaywood, Judge
The first point to be decided is, can the plaintiff declare upon such a note as that stated in the record, or should he only have used it as evidence upon a count fitted for its reception? Or in other words, is it a promissory note? At the common law, an action of debt founded upon a record or specialty, did not require a consideration to be stated for its support; because the solemnity of the execution in the one case, and the adjudication in the other, afforded sufficient security against surprise or the suspicion of it. But debt founded upon simple contract, required a consideration. The…
2Cases cited2 opinions
- Jerome v. WhitneyNew York Supreme Court · 1811
- Ketcham v. ClarkNew York Supreme Court · 1809