Holt v. Moore
Supreme Court of Alabama
Ehroe to the Circuit Court of Pickens. Holt sued Moore, on his indorsement of a‘ promissory note, given by E. H. Moore & Co., to the defendant in error, for the sum of $3,882 27-100. The declaration is in the usual form.
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Ehroe to the Circuit Court of Pickens. Holt sued Moore, on his indorsement of a‘ promissory note, given by E. H. Moore & Co., to the defendant in error, for the sum of $3,882 27-100. The declaration is in the usual form. For his defence, the defendant in error, who was defendant in the court below, relied on a plea, setting forth, that his indorsement ■of the note in the declaration mentioned, is subject to the following condition, to wit: it was agreed and understood between the said E. H. Moore & Co., Thomas Holland, agent of Holt, Rose & Gibson, for whose benefit said note was made, and…
1Opinion of the CourtClay, J.
— The only question presented for determination in this case is, whether the defendant could set up, by way of defence to the plaintiff’s action, a parol agreement, which seems to have been contemporaneous with his indorsement, to vary or change its legal effect. The defendant indorsed a promissory note in the ordinary mode; the note came into the hands of the plaintiff, who is not even shewn to have been a party to the contract when the note was made — he has sued the defendant upon the indorsement, and the 'defendant now seeks to defeat his recovery, by showing that the makers of the note…
2Cases cited1 opinion
- Sommerville v. StephensonSupreme Court of Alabama · 1831
3Cited by4 opinions
- Holley v. YoungeSupreme Court of Alabama · 1855
- Corley v. VizardSupreme Court of Alabama · 1919
- Townsend v. CowlesSupreme Court of Alabama · 1858
- Davis v. LassiterSupreme Court of Alabama · 1852