McGehee v. McGehee
Supreme Court of Alabama
Error to the Chancery Court of Montgomery. The bill was filed by Albert McGehee, and Joel A. Stokes, against Abner McGehee, William McGehee, and James A. Smith. The material allegations of the bill are, that the complainant, Albert, and the defendant Abner McGehee, became the sureties of Wm.
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Error to the Chancery Court of Montgomery. The bill was filed by Albert McGehee, and Joel A. Stokes, against Abner McGehee, William McGehee, and James A. Smith. The material allegations of the bill are, that the complainant, Albert, and the defendant Abner McGehee, became the sureties of Wm. McGehee, in a promissory note to one Chaney, for $790, and executed their note therefor, due 1st January, 1839. That on the 28th May, the plaintifF, Albert, became the surety of William, to one Daniel Mosely for $312, due 1st February, 1839. That on the 19th May, 1840, the complainants, together with…
1Opinion of the CourtOrmond, J.
The award made on the submission, entered into between- Abner and William McGehee, is not impeached, and appears to be unimpeachable, and is, as between them, conclusive upon the matters submitted, and determined by the arbitrators. Is it also binding on Albert McGehee? It appears that Abner, and Albert McGehee, were co-sureties of William McGehee, and that the latter for their indemnity, placed in the hands of Abner, certain claims which he held upon the Montgomery Rail Road Company, who executed a receipt for them to William, and promised to collect the demands, and pay certain specific…
2Cited by1 opinion
- Smith v. McGeheeSupreme Court of Alabama · 1848