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1 Minor 263

Johnson v. Johnson

Supreme Court of Alabama

Decided December 15, 1824

Supreme Court of Alabama · decided 1824-12-15

THIS was an action of assumpsit—1st count, on. a promissory note to pay plaintiff or bearer the sum of $315, money borrowed, when defendant should be thereunto af-terwards requested. 2d count, insimul computasseij, concerning divers sums of money due from defendant to plaintiff-general issue.

Decided 1824-12-15

Judge Sajfold

¶1delivered the opinion of the Court.

¶2The 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 effect. Under the second count also the evidence was clearly admissible. Let the judgment be affirmed.

Judge Lipscomb not sitting,
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