McGehee v. Slater
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. John Elliott. This action was brought by James E. Slater, against A. G. McGehee; was commenced on the 6th day of October, 1868, and was founded on a written instrument in the form of a bill of exchange for $1,500, drawn by the defendant on himself, dated the 22d day of May, 1866, and payable twelve months after date, to the order of the plaintiff, negotiable and payable at the Central Bank of Alabama.
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. John Elliott. This action was brought by James E. Slater, against A. G. McGehee; was commenced on the 6th day of October, 1868, and was founded on a written instrument in the form of a bill of exchange for $1,500, drawn by the defendant on himself, dated the 22d day of May, 1866, and payable twelve months after date, to the order of the plaintiff, negotiable and payable at the Central Bank of Alabama. The original complaint contained two counts, one describing this instrument as a promissory note, and the other as a bill of…
1Opinion of the CourtPeters, C. J.
All the contracts sued on are alleged to be payable to the plaintiff in his own name. The plea refers to the time of action brought. It should show that, at that time, there was no right in the plaintiff to recover, or to recover to the extent of his claim; or it should show that this right to recover had been defeated by some matter arising subsequent to the bringing of the suit. The pleas here do not show that the plaintiff is suing in the character of an administrator, but in his own right. Then, his removal as administrator cannot affect this right. It remains the same after the removal…
2Cases cited4 opinions
- Tomkies v. ReynoldsSupreme Court of Alabama · 1849
- Powell's Adm'r v. HenrySupreme Court of Alabama · 1855
- Bryan v. WilsonSupreme Court of Alabama · 1855
- Chilton v. ComstockSupreme Court of Alabama · 1842
3Cited by2 opinions
- Hood v. HammondSupreme Court of Alabama · 1900
- Leach v. GraySupreme Court of Alabama · 1917