Tried before the Hon. Robert Dougherty. This action was brought by Rhodicy Bryaut, against Needham Bryant, and was founded on the defendant’s promissory note for $800, dated tbe 27th August, 1853, and payable by the 25th December next after date, to the plaintiff. No picas appear in the record.
Good law ✅— No negative treatment on recordhow we know
Decided 1859-06-15
How this case has been cited
Cited by 6 later decisions — most recently May 1930
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶1In the construction of written instruments, the intention of the parties must govern ; and to ascertain that intention, regard must be had to the nature of the instrument itself, the condition of the parties executing it, and the objects which they had in view. Strong v. Gregory, 19 Ala. 146.
¶2[2.] Applying this rule to the writing signed by the plaintiftj which, according to the evidence introduced by *319her, constituted the consideration for the note sued on, we do not doubt that it is to be treated as a stipulation on her part that a new trial was to be granted, and the judgment set aside. It being shown that these stipulations have not been performed, there is an entire failure of consideration.
¶3Adopting this as the correct construction of this writing, we are not able to perceive that the plaintiff has been injured by any of the charges given, or any of the refusals to give the charges asked.
