Branch of the Bank of Alabama v. Marshall
Supreme Court of Alabama
Appeal from the Court of Chancery, sitting at Huntsville. On the 2Sth February, 1837, the plaintiff filed a bill,in which it. is alledged that the plaintiff is the legal proprietor of a bill of exchange, drawn by Wm. E. Phillips, on the 3d February, 18.3,6, for the sum of twenty-one hundred dollars, on B. Mc-Kiernan, of New Orleans, in favor of Josiah W. Marshall, and indorsed by- the latter.
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Appeal from the Court of Chancery, sitting at Huntsville. On the 2Sth February, 1837, the plaintiff filed a bill,in which it. is alledged that the plaintiff is the legal proprietor of a bill of exchange, drawn by Wm. E. Phillips, on the 3d February, 18.3,6, for the sum of twenty-one hundred dollars, on B. Mc-Kiernan, of New Orleans, in favor of Josiah W. Marshall, and indorsed by- the latter. This bill was regularly protested for non-acceptance and non-payment, and the parties duly notified thereof. When it was drawn and indorsed Marshall resided in the county of Madison, but in October,…
1Opinion of the CourtCollier, C. J.
The bill alledges a fraud on the part of the defendant, Marshall, in causing the note given by Jordan upon the purchase of the negro, to be made payable to Neale, ,who was the brother-in-law of Marshall, and to whom the latter was not indebted. And the first question we propose to consider is, whether the answer of Marshall, so far as it negatives a fraud, and his answer and Neal’s, affirming an indebtedness by the former to the latter, is to be received as evidence until overbalanced by other testimony.
It is stated in genei’al terms, in many adjudged cases, that where a general replication…
2Cases cited4 opinions
- Woodcock v. BennetNew York Supreme Court · 1823
- Fenno v. SayreSupreme Court of Alabama · 1842
- Lucas v. Bank of DarienSupreme Court of Alabama · 1830
- Murray v. BlatchfordCourt for the Trial of Impeachments and Correction of Errors · 1828
3Cited by9 opinions
- Carpenter v. DevonSupreme Court of Alabama · 1844
- Cummings v. McCulloughSupreme Court of Alabama · 1843
- Walthall's Ex'rs v. Rives, Battle & Co.Supreme Court of Alabama · 1859
- Manning v. MannningSupreme Court of Alabama · 1845
- Marshall v. CroomSupreme Court of Alabama · 1875
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