Bates v. Bank of the State
Supreme Court of Alabama
This was an action, commenced by motion, by the defendants in error, against the plaintiffs in; error, as drawer and endorser of a bill of exchange for four thousand six hundred and thirty-two dollars and seventy-five cents. The defendants appeared, and pleaded — first, Non-assumpsit.
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This was an action, commenced by motion, by the defendants in error, against the plaintiffs in; error, as drawer and endorser of a bill of exchange for four thousand six hundred and thirty-two dollars and seventy-five cents. The defendants appeared, and pleaded — first, Non-assumpsit. Second, That the plaintiff was indebted to him in the sum of seventy-nine thousand six hundred and thirty-two dollars and seventy-five cents —a part of which they offered to set off against the plaintiff’s demand. And, third, A special plea, as follows : And, for further plea in this behalf, said defendants say…
1Opinion of the CourtOrmond, J.
— The first question presented is upon the plea: Whatare its allegations ? and what did the parties intend to putin issue? The plea which is elaborately drawn, consists of several distinct facts, all however connected together and evidently supposed by the pleader to tend to the result which is relied on as a bar to the action, that the transaction was a “dealing in goods, toares and merchandise” and therefore prohibited by the charter of the Bank.
It commences with setting forth certain rules and regulations adopted by the Bank, for its government in the projected design of advancing or…
2Cases cited4 opinions
- Howie v. StateSupreme Court of Alabama · 1840
- Bulkley v. Derby Fishing Co.Supreme Court of Connecticut · 1817
- Sommerville v. StephensonSupreme Court of Alabama · 1831
- Commissioners v. LeckySupreme Court of Pennsylvania · 1820
3Cited by25 opinions
- Cary v. RichardsonSupreme Court of Louisiana · 1883
- Union Water Co. v. Murphy's Flat Fluming Co.California Supreme Court · 1863
- Sherman Center Town Co. v. MorrisSupreme Court of Kansas · 1890
- Anderson v. HooksSupreme Court of Alabama · 1846
- Whitsett v. WomackSupreme Court of Alabama · 1845
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