[Return to Alabama Supreme Court Cases]
Genealogical Gleanings From
Reports of Cases Determined in the
Supreme Court of Alabama, 1820-1826
Parsons, for plaintiff; Goode, for defendant in error.
JUDGE GAYLEThis action was brought in Clarke Circuit Court, on an instrument under seal, in these words: “I, William Goode, of Elbert county, and State of Georgia, do oblige myself, my heirs, etc., to pay to Rexban Vaughan, his heirs, etc., on demand, the sum of seventy-four dollars and sixty-six cents; to which payment, well and truly to be made, I bind myself, my heirs, etc., in the penal sum of one hundred and fifty-nine dollars and thirty-two cents. Witness my hand and seal,” etc.
It appears by the bill of exceptions that (the defendant having withdrawn his plea) the court instructed the clerk to compute interest from the date of the writ, there being no proof of demands before that time. There can be no doubt that a promissory note, payable on demand, carries interest only from the time the demand is made. The plaintiff does not contest this principle , but relies upon the common law doctrine, that the condition is no part of the obligation, and is inserted for the benefit of the obligor, to exempt him from the payment of the penalty if he choose.
The statue directs, that in all actions brought on a penal bond, judgment shall be rendered for no more than the principal and interest. The judgment in this case was therefore entered for the correct amount; and it is the opinion of the court that there is no error.
The Chief Justice not sitting.
Source: Henry Minor, Reporter, Reports of Cases Determined in the Supreme Court of Alabama From May, 1820, to July, 1826 (Atlanta: 1891), pp. 417-418.
GenealogyMagazine.com - Copyright © 2000-2013 Datatrace Systems