Legal Opinion

Withers v. Greene

Supreme Court of the United States

Decided May 14, 1850PublishedCited by 35 opinions

This cause was brought up, by writ of error, from the Circuit Court of the United States for the Southern District of Alabama. It was an action of debt brought in the District Court of the United States for the Middle District of Alabama, by May, assignee,?,pn a single bill, under seal, for the payment of three thousancFdollars, executed by R. W. Withers to A. B. Newsom, a citizen of Tennessee, and by him assigned to the plaintiff.

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This cause was brought up, by writ of error, from the Circuit Court of the United States for the Southern District of Alabama. It was an action of debt brought in the District Court of the United States for the Middle District of Alabama, by May, assignee,?,pn a single bill, under seal, for the payment of three thousancFdollars, executed by R. W. Withers to A. B. Newsom, a citizen of Tennessee, and by him assigned to the plaintiff. Pending the suit May died, and Greene qualifiéd and revived in his name as administrator. After some pleas which were withdrawn, the defendant filed the following:…

1Opinion of the CourtJustice Daniel

This cause, from the District Court of the United States for the Middle District of Alabama, is brought here undér the act of Congress of 8th August, 1846, ch. 104..

The- plaintiff in error* was sued in the court below, upon a single bill for the sum of j§ 3,000, executed by him on the 16th of February, 1839, payable on the 1st of January ensuing, to A. B. Newsom or order, and which was assigned by Newsom to May, the testator of the defendant'.

What were the grounds of defence first assumed by the defendant does not appear, and' it is immaterial now to inquire. The pleas first filed were by…

2Cases cited8 opinions

  1. Thornton v. WynnSupreme Court of the United States · 1827
  2. Beecker & Beecker v. VroomanNew York Supreme Court · 1816
  3. Miller v. SmithU.S. Circuit Court for the District of Massachusetts · 1818
  4. Runyan v. NicholsNew York Supreme Court · 1814
  5. Sill v. RoodNew York Supreme Court · 1818

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3Cited by35 opinions

  1. Lewis v. Benedict Coal Corp.Supreme Court of the United States · 1960
  2. Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
  3. Dushane v. BenedictSupreme Court of the United States · 1887
  4. First National Bank v. PeckSupreme Court of Kansas · 1871
  5. Olston v. Oregon Water Power & Ry. Co.Oregon Supreme Court · 1908

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