Drake v. Elewellen & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Balias. Tried before the Hon. S. B. Hale. This action was brought by A. C. Elewellen & Co., against John W. W. Brake, and was founded on a promissory note, of which the following is a copy : “ Columbus, Ga., Jan. 1, 1853. “ $805,87. One day after date, I promise to pay A. C. Elewellen & Co., or bearer, eight hundred and five 87-100 dollars,-for value received.
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Appeal from the Circuit Court of Balias. Tried before the Hon. S. B. Hale. This action was brought by A. C. Elewellen & Co., against John W. W. Brake, and was founded on a promissory note, of which the following is a copy : “ Columbus, Ga., Jan. 1, 1853. “ $805,87. One day after date, I promise to pay A. C. Elewellen & Co., or bearer, eight hundred and five 87-100 dollars,-for value received. “ J. W. W. Brake, Secretary Auburn Masonic Eemale College.”- The defendant pleaded five pleas; of which the first was non assumpsit; the second, a special plea of non est factum, (each of which pleas…
1Opinion of the CourtStone, J.
—The Auburn Masonic Female College is a* private corporation, [Dartmouth College v. Woodward, 4 Wheat. 518;] and although the bill of exceptions states that “the charter of the incorporation was also introduced,” we do not find it in the record. Under these circumstances, we have no authority to consider any of *109the provisions of that aet, in passing on the legal questions presented.—See Pamphlet Acts of 1851-2, p. 359.
[2.] The complaint alleges, the note was made by the •■defendant. The note copied in the bill of exceptions imposes, prima fade, a personal liability on the defendant. See…
2Cases cited14 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Mott v. HicksNew York Supreme Court · 1823
- Tippets v. WalkerMassachusetts Supreme Judicial Court · 1808
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- Lazarus v. ShearerSupreme Court of Alabama · 1841
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- Anderson v. SpenceIndiana Supreme Court · 1880
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- Bell v. TeagueSupreme Court of Alabama · 1887
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