Smith v. Harrison
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. Nat. Cook. The complaint in this case was in these words: “ Richard K. Harrison, plaintiff, claims of the defendant, Bolling Smith, who is brought into court by attachment, the sum of two thousand dollars as damages, for that whereas, heretofore, to-wit, on the 20th May, 1838, the defendant made his promissory note, bearing date the said 20th May, 1838, whereby the said defendant promised, on the first day of…
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. Nat. Cook. The complaint in this case was in these words: “ Richard K. Harrison, plaintiff, claims of the defendant, Bolling Smith, who is brought into court by attachment, the sum of two thousand dollars as damages, for that whereas, heretofore, to-wit, on the 20th May, 1838, the defendant made his promissory note, bearing date the said 20th May, 1838, whereby the said defendant promised, on the first day of January next after the date thereof, to pay one John J. Scott or order the sum of two hundred and seventy-five dollars,…
1Opinion of the Court
STONE, J.—
The complaint in this case does not claim that Scott, the payee of. the note, ever acquired any interest in the judgment recovered in the circuit court of Autauga, in favor of Maull, for the use of Givhan, by virtue of any contract, or assignment of that judgment to him. The only right he asserts is that which, by operation of law, springs out of the payment by him of the judgment recovered on his endorsement. The present plaintiff claims that Scott transferred the said claim against the said Bolling Smith to him. This amounts to *709nothing more than a statement that Harrison has…
2Cases cited12 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Houston v. Br. Bank at HuntsvilleSupreme Court of Alabama · 1854
- Hogan v. ReynoldsSupreme Court of Alabama · 1852
- Bartlett v. McRaeSupreme Court of Alabama · 1843
- Lyon v. BollingSupreme Court of Alabama · 1846
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3Cited by14 opinions
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