Brassell v. Williams
Supreme Court of Alabama
Appeal from tbe Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This action was brought by Albert B. Brassell, against Robert S. Williams.
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Appeal from tbe Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This action was brought by Albert B. Brassell, against Robert S. Williams. The complaint contained the common counts, and a special count in these words: “ Plaintiff claims of defendant five thousand dollars, for the breach of an agreement entered into by him heretofore, to wit, on the 1st day of March, 1871, in substance as follows: Plaintiff agreed to assign to defendant a note on George Judkins, bearing date the 1st August, 1870, for the sum of $251, due October 1st, 1870, which, with interest thereon,…
1Opinion of the CourtB. F. Saffold, J.
The appellant sued the appellee in assumpsit, for breach of a contract, which is set out in his complaint, in legal effect as follows: The defendant, as executor of James H. Judkins, held two notes on the plaintiff, for $1,600 each, one of which was in suit, and the other was not due. He agreed with the plaintiff to take from him as cash a note, past due, on George Judkins, for about $251, and another note on M. H. Molton and J. C. Henley, for $3,250, not due, which he promised to collect, together with a claim for improvements made by the said plaintiff on the plantation of the defendant’s…
2Cases cited3 opinions
- Pearson v. ThomasonSupreme Court of Alabama · 1849
- Bagby v. HarrisSupreme Court of Alabama · 1846
- Barruso v. MadanNew York Supreme Court · 1807
3Cited by4 opinions
- Jones v. StateSupreme Court of Alabama · 1896
- Manufacturers' Finance Acceptance Corp. v. AutreySupreme Court of Alabama · 1934
- Gottlieb v. Charles Scribner's SonsSupreme Court of Alabama · 1936
- Ikard v. ArmstrongAlabama Court of Appeals · 1914