Alsobrook v. Deshler
Supreme Court of Alabama
Writ of Error to the Circuit Court of Franklin. Assumpsit by Deshler, as the assignee of B. Merrill & Co. upon a promissory note against Alsobrooks as one of its makers. The declaration is in the usual form.
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Writ of Error to the Circuit Court of Franklin. Assumpsit by Deshler, as the assignee of B. Merrill & Co. upon a promissory note against Alsobrooks as one of its makers. The declaration is in the usual form. The defendant pleaded aclio non, because he says the said note was transferred to the plaintiff by the payees for the purpose only, of discharging a debt due to the Planters’ Bank of Nashville — due to the said bank by the said payees, which note was secured by notes held by the said bank indorsed by David S. Goodloe, M. Tarver, and John Cockerell, and he avers, that after the maturity of…
1Opinion of the CourtGoldthwaite, J.
We incline to the opinion, that if the matter of this plea was well pleaded, there is no sufficient reason why the defendant should not be permitted to show a payment in this way upon the principle settled in Tipton v. Nance, 4 Ala. Rep. 194. But however this may be, we think, if the trust, or agreement controlling the indorsement, is as supposed by the pleader, he does not show a payment which is covered by it. The assertion is, the note was indorsed to Deshlqr, for the sole purpose of discharging a debt due from the indorsers to the Planters’ Bank of Nashville by their note secured in a…
2Cases cited1 opinion
- Tipton v. NanceSupreme Court of Alabama · 1842