Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Alabama Volume 2

Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Alabama Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1836 edition. Excerpt: ...been the evidence, and the only evidence, introduced by the de fendant; the one sued on was all that was offered ' by the plaintiffs. On this testimony the defendant's counsel moved the court to instruct the jury, " that if they believed from the evidence that such was the grounds and only consideration for the bond sued on, that then they should, under the law, find for the defendant. But the court charged, that from said paper or written testimony, it appeared that time was given to the debtor Kindred, which was a sufficient consideration to support the bond sued on in this case.." Our statute," declares, "that whensoever any suit 11311-Dis is depending in any of the courts of this state, founded on any writing, under the seal of the person to be charged therewith, it shall and may be lawful for the defendant or defendants therein, by a special plea, to impeach, or go into the consideration of such bond." Under this statute, the defendant is, by our decisions,"permitted to plead that a sealed instrument, the foundation of the action, was given without consideration; and this plea was filed in this case. _ It is contended, that the instrument set out in the plea, shows that there was no consideration for the I bond sued on; that the original plaintiffs retained the right to pursue their debtor Kindred, at any moment, and that they relinquished nothing when the bond of the defendant was given. But if this was not the _case, the charge was too broad, as it deprived the ju.ry of the right of judging of the weight of the testimony. _. My own opinion is, that the instrhmentintmduced..by the defendant, was not intended to evidence-the inducement to the defendant to become-bound forhis son's debts;...show more

Product details

  • Paperback | 144 pages
  • 189 x 246 x 8mm | 268g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236914457
  • 9781236914453