Smith v. McGehee
Supreme Court of Alabama
Writ of Error to the Circuit Court of Lowndes. Before the Hon. E. Pickens. Assumhsit by the defendant in error. The action was brought by the plaintiff,' to recover money which he had been compelled to pay as contribution to a co-surety, and against the consequences of which he was indemnified by the plaintiff in error.
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Writ of Error to the Circuit Court of Lowndes. Before the Hon. E. Pickens. Assumhsit by the defendant in error. The action was brought by the plaintiff,' to recover money which he had been compelled to pay as contribution to a co-surety, and against the consequences of which he was indemnified by the plaintiff in error. In addition to other proof, so fully recited in the opinion of the court, that it is unnecessary to re-state it here — Abner 'McGehee, who was offered as a witness, proved that William McGehee, the principal debtor, placed in his hands a claim on the Montgomery Rail Road Co.…
1Opinion of the CourtChilton, J.
This was an action of assumpsit brought by the defendant in error against McGehee. The declaration contains only the common counts. By a bill of exceptions sealed at the trial, it appears the plaintiff below read to the jury anote signed by William M. McGehee, Abner Mc-Gehee, Joel A. Stokes, and the parties to this suit, for $1,800, dated May 19, ’40, and payable to the Branch of the Bank of the State of Alabama at Montgomery. It was shown that William McGehee was the principal in the note, and the other four persons named were his securities. That William *408becoming insolvent, Abner McGehee…
2Cases cited1 opinion
- McGehee v. McGeheeSupreme Court of Alabama · 1847
3Cited by9 opinions
- Clay v. CumminsSupreme Court of Alabama · 1917
- Haynes v. CowenSupreme Court of Kansas · 1875
- Ponder v. CheevesSupreme Court of Alabama · 1893
- Van Heuvel v. RobertsSupreme Court of Alabama · 1930
- West v. GraingerSupreme Court of Florida · 1903
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