Sorrell v. Craig
Supreme Court of Alabama
Error to the Circuit Court of Wilcox. Before the Hon. N. Cook. This was an action of assumpsit, on several promissory notes, instituted against defendant, originally in the name of the executors of John Sorrell, and afterwards revived in the name of plaintiff in error, as administrator, &c. A number of pleas were filed by the defendant, Upon which issue was taken, and among them the plea of ne unques executor.
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Error to the Circuit Court of Wilcox. Before the Hon. N. Cook. This was an action of assumpsit, on several promissory notes, instituted against defendant, originally in the name of the executors of John Sorrell, and afterwards revived in the name of plaintiff in error, as administrator, &c. A number of pleas were filed by the defendant, Upon which issue was taken, and among them the plea of ne unques executor. The suit was commenced in 1842, and the notes sued on, all matured 1839, ’40, and ’41. The defendant offered in evidence on the trial, and read, in opposition to. the objection of…
1Opinion of the CourtCollier, C. J.
1. In Walker and Stone v. Wyckoff and Ferguson, 14 Ala. Rep. 560, it was decided, that a credit entered on a note, in the hand-writing of the payee, is not evidence, in the absence of further proof of payment, so as to relieve the note from the influence of the statute of limitations. This decision rests upon the principle, that the admission of the indorsement of the credit, would be to permit the payee to make evidence for himself. The same reason applies, where the receipt is beneficial to the party making it, and prejudicial to him against whom it is offered in evidence, though it may not…
2Cases cited3 opinions
- Worthington v. McRobertsSupreme Court of Alabama · 1845
- Stallings v. Williams' Adm'rSupreme Court of Alabama · 1844
- Walker v. WykoffSupreme Court of Alabama · 1848