# Cairns v. Daniel

> Alabama Court of Appeals · June 12, 1917 · 16 Ala. App. 218

URL: https://www.frixlaw.com/law-library/cases/9824987

## Case

- **Full name:** Cairns v. Daniel.
- **Court:** Alabama Court of Appeals
- **Decided:** June 12, 1917
- **Citations:** 16 Ala. App. 218; 77 So. 56; 1917 Ala. App. LEXIS 266
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Samford
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9824987

## Opinion text

On Rehearing.
[2] A note, under commercial law, is “a written agreement by one person to pay another person therein named, absolutely and unconditionally, a certain sum of money, at a time specified therein.” Story, Prom. N. 1, § 1; Walker v Thompson, 108 Mich. 686 , 66 N. W. 584 ; 7 Cyc. 532. The instrument offered in evidence was a conditional promise to pay, and therefore “a specialty,” and its introduction in evidence did not support the complaint. Phillips v. American Guano Co., 110 Ala. 521 , 18 South. 104 ; Burton v. Dangerfield, 141 Ala. 285 , 37 South. 350 .
The application is overruled.
Application overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9824987. Public record. Not legal advice.