Brazelton v. McMurray

Supreme Court of Alabama

Brazelton v. McMurray

44 Ala. 323

DecidedJanuary 15, 1870

StatusPublished

This text of 44 Ala. 323 (Brazelton v. McMurray) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brazelton v. McMurray, 44 Ala. 323 (Ala. 1870).

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Opinion

B. F. SAFFOLD, J.

In the second count of the complaint the appellants were declared against as the makers of a promissory note. Where an instrument is capable of being interpreted either as a bill of exchange, or as a promissory note, the person who receives it may, at his own option, treat it as a bill of exchange, or as a note against the maker. Therefore, an instrument which is in the form of a note, but which, in addition, is addressed to a third' person who accepts it, is a promissory note and may be so declared on. — Story on Prom. Notes, § 16; Chit, on Bills, ch. 2, § 2, pp. 28, 29, (8th ed.)

The judgment is affirmed.

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B. F. SAFFOLD, J.

In the second count of the complaint the appellants were declared against as the makers of a promissory note. Where an instrument is capable of being interpreted either as a bill of exchange, or as a promissory note, the person who receives it may, at his own option, treat it as a bill of exchange, or as a note against the maker. Therefore, an instrument which is in the form of a note, but which, in addition, is addressed to a third' person who accepts it, is a promissory note and may be so declared on. — Story on Prom. Notes, § 16; Chit, on Bills, ch. 2, § 2, pp. 28, 29, (8th ed.)

The judgment is affirmed.

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Bluebook (online)

44 Ala. 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brazelton-v-mcmurray-ala-1870.