Bowen v. Snell
Supreme Court of Alabama
Error to the County Court of Butler. Assumpsit by the plaintiff in error, on a promissory note, for the use of Watkins Salter.- - Pleas, non assumpsit, and a special plea, averring that John G.'Salter is the real oymer of the note sued upon, and that the suit was instituted. for his benefitthat John G. Salter was, and still is, indebted to one Coley & Stewart, in a large sum of money, to wit: the sum of $483, by promissory note, dated the 8th February, 1841, and due the 1st…
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Error to the County Court of Butler. Assumpsit by the plaintiff in error, on a promissory note, for the use of Watkins Salter.- - Pleas, non assumpsit, and a special plea, averring that John G.'Salter is the real oymer of the note sued upon, and that the suit was instituted. for his benefitthat John G. Salter was, and still is, indebted to one Coley & Stewart, in a large sum of money, to wit: the sum of $483, by promissory note, dated the 8th February, 1841, and due the 1st February after, which promissory note Coley & Stewart indorsed and delivered to the defendant — that the note was…
1Opinion of the CourtOrmond, J.
Though we are not aware that the precise, point here presented, has ever before arisen in this court, yet many of our decisions on kindred subjects, assume the law to be, that a set off may be pleaded against the party really interested in the debt sued upon, though not a party to the record. Such is the doctrine of the English courts. See the opinion of Mr. Justice Ashurst, in Winch v. Keely, 1 Term, 621; 7 Taunton, 237.
In New York, at one period, a different opinion prevailed. In the case of Wheeler v. Raymond, 5 Cowen, 231, the question was elaborately considered, and it was held, that a…
2Cases cited1 opinion
- Bondurant v. Bank of AlabamaSupreme Court of Alabama · 1845
3Cited by12 opinions
- Beard v. Union & American Publishing Co.Supreme Court of Alabama · 1881
- Agee v. MedlockSupreme Court of Alabama · 1854
- Corona v. Southern Guaranty Insurance Co., Inc.Supreme Court of Alabama · 1975
- Pool v. HarrisonSupreme Court of Alabama · 1850
- Hooper v. ArmstrongSupreme Court of Alabama · 1881
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