[Return to Alabama Supreme Court Cases]Genealogical Gleanings FromReports of Cases Determined in theSupreme Court of Alabama, 1820-1826This was an action of assumpsit—first county, on a promissory note to pay plaintiff or bearer the sum of $315, money borrowed, when defendant should be thereunto afterwards requested. Second count, in simul computassent, concerning divers sums of money due from defendant to plaintiff—general issue. On the trial the plaintiff offered in evidence an instrument of writing as follows: “Due James Johnson, or bearer, the sum of three hundred and fifteen dollars, money borrowed this the 20th of April, 1822. John Johnson,” to the admission of which defendant objected; the objection was overruled, a bill of exceptions taken; verdict and judgment for plaintiff. Defendant, on writ of error to this court, assigns the matter of the bill of exceptions as error. Ruffin, for plaintiff; White and Gordon, for defendant in error. SAFFOLD, J.—The first count was on a promissory note, to be paid when defendant should be requested. The acknowledgment of a debt due for valuable consideration clearly implies a promise to pay it on request; the note or due bill was sufficiently described according to its legal effort. Under the second count also the evidence was clearly admissible. Let the judgment be affirmed. Judge LIPSCOMB not sitting. Source: Henry Minor, Reporter, Reports of Cases Determined in the Supreme Court of Alabama From May, 1820, to July, 1826 (Atlanta: 1891), p. 263. |
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