Montgomery v. Elliott
Supreme Court of Alabama
Error to the Circuit Court of Fayette. This action was commenced before a justice of the peace, by the defendant in error, on two notes, fortwenty dollars each, in the following form. * The Real Estate Bank, No, 52, of Caledonia, Mississippi, promise to pay John Elliott or bearer, twenty dollars, on demand, at their banking house, Caledonia, Mississippi. — May 8,1838. W. G. Weight, Pres’t R. Dowdle, Cashier.
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Error to the Circuit Court of Fayette. This action was commenced before a justice of the peace, by the defendant in error, on two notes, fortwenty dollars each, in the following form. * The Real Estate Bank, No, 52, of Caledonia, Mississippi, promise to pay John Elliott or bearer, twenty dollars, on demand, at their banking house, Caledonia, Mississippi. — May 8,1838. W. G. Weight, Pres’t R. Dowdle, Cashier. Judgment being rendered for the defendant, the plaintiff appealed to the circuit court, where judgment was rendered for the plaintiff. Upon the trial, it appeared that the Real Estate…
1Opinion of the CourtOrmond, J.
The case of Fowlkes & Co. v. Baldwin, Kent & Co. [2 Ala. 705,] is conclusive to show, that one sued upon anote as a partner, cannot introduce evidence to prove he is not a partner, unless he put the fact in issue by a sworn plea. The members of this company were liable as partners, upon the notes they issued. The proof offered to be made, was, that when this note was issued, the defendant had withdrawn from the company; that is, he had ceased to be a member of the firm, and was,, therefore, not liable upon the note. This defence could only be made, by the statute of 'this State, under the…
2Cases cited5 opinions
- Haxton v. BishopNew York Supreme Court · 1829
- Irvine v. WithersSupreme Court of Alabama · 1827
- United States v. the Heirs of Fm ArredondoSupreme Court of the United States · 1839
- Roberts v. MasonSupreme Court of Alabama · 1840
- Fowlkes & Co. v. Baldwin, Kent & Co.Supreme Court of Alabama · 1841
3Cited by16 opinions
- Walnut v. WadeSupreme Court of the United States · 1881
- Farmers National Bank of Annapolis v. VennerMassachusetts Supreme Judicial Court · 1906
- Connerly & Co. v. Planter's & Merchants' InsuranceSupreme Court of Alabama · 1880
- Sims v. National Commercial BankSupreme Court of Alabama · 1882
- Clark v. MosesSupreme Court of Alabama · 1874
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