Burks v. Bragg
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbabd. This action was brought by Mrs. Elizabeth T. Bragg, against Wm. P. Burks, and was founded on the defendant’s promissory note for $292.45, which was dated March 22d, 1888, payable to Davidson & Joseph or order, on October 1st, 1888, at the banking-house of Josiah Morris & Co. in the city of Montgomery, and was assigned and indorsed by the payees to the plaintiff.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbabd. This action was brought by Mrs. Elizabeth T. Bragg, against Wm. P. Burks, and was founded on the defendant’s promissory note for $292.45, which was dated March 22d, 1888, payable to Davidson & Joseph or order, on October 1st, 1888, at the banking-house of Josiah Morris & Co. in the city of Montgomery, and was assigned and indorsed by the payees to the plaintiff. The note was given for the balance of rent of a store-house in the city of Montgomery belonging to the plaintiff, which the defendant had leased and…
1Opinion of the CourtSomerville, J.
1. The defendant testified that, to his “ best recollection,” the contract of renting the storehouse was reduced to writing at the time it was entered into between him and the agents of the plaintiff; and while he asserted that the writing had been “misplaced,” and that he had made “diligent search” for it without finding it, and “thought it was lost or destroyed;” yet he showed the contrary to be true, by the contradictory admission that “ he was not prepared to say it was lost or destroyed,” and that it was probably among certain private papers in his possession, which he had carefully…
2Cases cited2 opinions
- McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
- Ball v. Farley, Spear & Co.Supreme Court of Alabama · 1886
3Cited by12 opinions
- Morgan v. SheppardSupreme Court of Alabama · 1908
- East Tenn., Va. & Ga. Railway Co. v. DavisSupreme Court of Alabama · 1890
- Richardson v. StateSupreme Court of Alabama · 1906
- Western Union Tel. Co. v. ClevelandSupreme Court of Alabama · 1910
- Merchants Bank v. Acme Lumber & Mfg. Co.Supreme Court of Alabama · 1909
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