Cloud v. Patterson

Decided January 15, 1828

Supreme Court of Alabama · decided 1828-01-15

James Patterson brought an action of assumpsit against Samuel G. Cloud, in the Circuit Court of Cone-cuh county, to recover on a note made by Cloud on the 4th May, 1824, for ¡¡¡5650, payable to Patterson or bearer on the 1st of January thereafter. The defendant pleaded nonassumpsit, want of consideration, and failure of consideration. There was a verdict for the plaintiff and judgement.

Cited by 2 later decisions — most recently December 1880

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1828-01-15

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By JUDGE WHITE.

¶1The question is, whether the Court erred in the opinion given on the trial as stated ? We think not. There ivas written, and therefore, superior evidence of the contract of sale admitted to exist, than that offered by the defen*395dant below. Hence it was right to exclude the latter, until the nonproduction of the former was accounted for in a way recognized by law. Let the judgement be affirmed. ■

Note. See Minor’s Ala. Rep. 410, 71, 257Í 270vShortridge and Ellis, for the plaintiff.Parsons, for defendant.Judge Saeeold not sitting.