Legal Opinion

Roberts v. Adams

Supreme Court of Alabama

Decided June 15, 1838PublishedCited by 4 opinions

Error to the Circuit court of Dallas. Assumpsit tried before Harris, J. The action was brought to recover of defendant for money paid, laid out and expended, lent and advanced, for defendant by plaintiff: also for money by plaintiff paid as security for defendant, and one Henry Ross, on a note executed by Ross & Roberts.

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Error to the Circuit court of Dallas. Assumpsit tried before Harris, J. The action was brought to recover of defendant for money paid, laid out and expended, lent and advanced, for defendant by plaintiff: also for money by plaintiff paid as security for defendant, and one Henry Ross, on a note executed by Ross & Roberts. Alfred Roberts and plaintiff, dated Mobile, twenty-fifth February, eighteen hundred and thirty-four, payable sixty days after the date thereof, to White & Seymour, for eight hundred dollars. Also for money plaintiff had paid as security to defendant, and said Ross, in the…

1Opinion of the Court

GOLDTHWAITE, X

— It is insisted by the counsel for *301the plaintiff in error, as the note signed by Ross & Roberts, and the defendant in error, was put in circulation after the dissolution of the partnership, that it was not binding on Roberts, and consequently, that lie is not liable to reimburse the defendant in error. We do not consider this as the question presented by the facts stated in tbo bill of exceptions. Adams became the security at the request of the partuers, and if he was placed in a situation in. which the amount of the note could be legally recovered from him, there can be no…

2Cases cited3 opinions

  1. Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
  2. Violett v. PattonSupreme Court of the United States · 1809
  3. Brahan & Atwood v. RaglandSupreme Court of Alabama · 1830

3Cited by4 opinions

  1. Geddes v. BlackmoreIndiana Supreme Court · 1892
  2. Flaacke v. Mayor of Jersey CityNew Jersey Court of Chancery · 1880
  3. Decatur Bank v. SpenceSupreme Court of Alabama · 1846
  4. Bertrand v. BarkmanSupreme Court of Arkansas · 1852

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