Martin v. Black's Executors
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. Tried before the Hon. Ezekiel PickeNS. This suit was instituted against Margaret Black, the testatrix of the defendants in error, on a note executed by William W. Black, who was her son; which note, it is alleged, after the death of said William W. Black, she promised to pay. The note is for $67 38, and is payable to the plaintiff, James Martin.
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Error to the Circuit Court of Lowndes. Tried before the Hon. Ezekiel PickeNS. This suit was instituted against Margaret Black, the testatrix of the defendants in error, on a note executed by William W. Black, who was her son; which note, it is alleged, after the death of said William W. Black, she promised to pay. The note is for $67 38, and is payable to the plaintiff, James Martin. The promise upon which the defendant was sought to be charged, is thus stated: That she, the said defendant, “ after the death of the said William W. Black, was appointed ad-ministratrix of his estate, and as…
1Opinion of the CourtD Aeg An, C. J.
— The plaintiff in error insists that he was entitled to a recovery on the written promise contained in the letter' of Chappell to Colclough, and also on the verbal promise made by Mrs. Black to Colclough at Montgomery in December, 1847.
In reference to the writlen promise, the case differs widely from what it was when it was before this court at a previous term. Then the bill .of exceptions merely showed that Mrs, Black promised in writing to pay the debt, in consideration *729of forbearance to sue tbe estate of William W. Black, deceased ; but now tbe written instrument itself is brought before…
2Cases cited3 opinions
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- Martin v. Black's Ex'rsSupreme Court of Alabama · 1852
- Brown v. BarnesSupreme Court of Alabama · 1844
3Cited by14 opinions
- Moog v. StrangSupreme Court of Alabama · 1881
- Mason v. HallSupreme Court of Alabama · 1857
- Leftkovitz v. First National Bank of GadsdenSupreme Court of Alabama · 1907
- Alford v. CreaghAlabama Court of Appeals · 1913
- Montgomery Gas-Light Co. v. City Council of MontgomerySupreme Court of Alabama · 1888
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