Brazelton v. McMurray

Supreme Court of Alabama
Brazelton v. McMurray, 44 Ala. 323 (Ala. 1870)
Saffold

Brazelton v. McMurray

Opinion of the Court

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.

Reference

Full Case Name
BRAZELTON v. McMURRAY
Status
Published