Holt v. Robinson
Supreme Court of Alabama
Error to tbe Circuit Court of Barbour. Tried before tbe Hon. Robert Dougherty. Assumpsit by Robinson against Holt on a promissory note. All tbe facts of tbe case are set out in tbe opinion. 1. Tbe note originally executed by Jernegan to Robinson is void. A promise made to an officer, as a sheriff, for tbe omission of a duty, wbicb be is bound to perform, is void.
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Error to tbe Circuit Court of Barbour. Tried before tbe Hon. Robert Dougherty. Assumpsit by Robinson against Holt on a promissory note. All tbe facts of tbe case are set out in tbe opinion. 1. Tbe note originally executed by Jernegan to Robinson is void. A promise made to an officer, as a sheriff, for tbe omission of a duty, wbicb be is bound to perform, is void. Hodson v. Wilkins, 7 Green! 118; 2 Johns. 193; Story on Con. 569 ; Ayer v. Hutchins, 4 Mass. 370; Churchill v. Perkins, 5 ib 541; -1 Southard, 319 ; Webber’s Exr. v. Blount, 19 Wend. 190; 5 Mass. 385; Bobo et al. v. Thompson, 3 S. &…
1Opinion of the Court
UOLDTHWAITE. J.
— The circumstances under which the note sued on was given, were as follows: Kobinson, the deputy sheriff, held an execution against William Holt, which he had returned satisfied, on receiving from one Jernegan, who had money in his hands belonging to said Holt, and to whom he had been referred for a settlement, the amount due on the execution. He also gave to Jernegan a receipt, to the effect, that he had, by him, received of the defendant in execution the amount of the debt, costs, .&c. Some time after this, William Holt died, and his son, the present defendant, being his…
2Cases cited2 opinions
- Heirs of Holman v. Bank of NorfolkSupreme Court of Alabama · 1847
- Jumel & Desobry v. Marine InsuranceNew York Supreme Court · 1811
3Cited by8 opinions
- Prater v. MillerSupreme Court of Alabama · 1854
- Drake v. Elewellen & Co.Supreme Court of Alabama · 1858
- Thompson v. HudginsSupreme Court of Alabama · 1896
- Foster v. Bush & Co.Supreme Court of Alabama · 1894
- Stark v. HendersonSupreme Court of Alabama · 1857
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