Carter v. Penn
Supreme Court of Alabama
Writ of Error to the Circuit Court of Talladega. The defendant in error declared against, the plaintiffs in as-sumpsit on a promissory note made by them on the 26th March, 1840, for the payment of the sum of eight hundred and fifty-three 47-100, current money of the State of Alabama, to him, one day after date. It is averred that the money in which the note is payable is of the value of the sum expressed in the note.
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Writ of Error to the Circuit Court of Talladega. The defendant in error declared against, the plaintiffs in as-sumpsit on a promissory note made by them on the 26th March, 1840, for the payment of the sum of eight hundred and fifty-three 47-100, current money of the State of Alabama, to him, one day after date. It is averred that the money in which the note is payable is of the value of the sum expressed in the note. The defendant pleaded several pleas, and on the trial he demurred to the evidence. From the demurrer it appears that the plaintiffs adduced a note in these words, viz : “ One day…
1Opinion of the CourtCollier, C. J.
The questions raised by the demurrer to the evidence are — 1. Was not the writing produced at the trial a *141sealed instrument? 2. Was the plaintiff entitled to recover the full amount of the sum expressed on its face, without reference to the value of Alabama currency?
1. By the act of the 2d February, 1839, it is enacted, “That all cqvenants, conveyances,' and all contracts in writing, which import on their face to be made under seal, shall be taken, deemed and held to be sealed instruments, and shall have the same effect as if the seal of the party or parties were affixed thereto, whether…
2Cited by8 opinions
- Moore v. LeseurSupreme Court of Alabama · 1851
- Breitling v. MarxSupreme Court of Alabama · 1898
- Jolley v. Walker's Adm'rsSupreme Court of Alabama · 1855
- Lindsay v. StateSupreme Court of Alabama · 1848
- Crane v. PringleSupreme Court of Alabama · 1979
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