Strickland v. Hardie
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. Wi. E. Clarke. This action was brought by John T. Hardie, agaiust S. L. Strickland, and was founded on the defendant’s promissory note for $425, which was dated December 8th, 1883, payable on the 7th December, 1884, to the order of W. T. Smith, “at the office of E. B. Goelet, Mobile, Alabama,” and assigned by said Smith to plaintiff on the 20th November,, 1885. The defendant pleaded the general issue and…
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Appeal from the Circuit Court of Marengo. Tried before the Hon. Wi. E. Clarke. This action was brought by John T. Hardie, agaiust S. L. Strickland, and was founded on the defendant’s promissory note for $425, which was dated December 8th, 1883, payable on the 7th December, 1884, to the order of W. T. Smith, “at the office of E. B. Goelet, Mobile, Alabama,” and assigned by said Smith to plaintiff on the 20th November,, 1885. The defendant pleaded the general issue and payment, and the cause was tried on issue joined on these pleas. On the trial, as the bill of exceptions states, the defendant…
1Opinion of the CourtStone, C. J.
— The defense attempted in, this case entirely misapprehends our rulings.
In Levystein v. Whitman, 59 Ala. 345, there was a mortgage, and part of the' payment claimed was proceeds of cotton covered' by the mortgage, while another part was derived from, cotton not covered by the mortgage. The opinion in that' case' laid down the rule as to the application of the money, derived - from cotton on which the. mortgagee had no ¿lien. As to the cotton covered by the mortgage, and the application-of its proceeds, we said : “If a creditor proposes to divert a payment from the relief of the soui’ce or…
2Cases cited5 opinions
- Mahan v. SmithermanSupreme Court of Alabama · 1882
- Levystein v. WhitmanSupreme Court of Alabama · 1877
- Askew Bros. v. Steiner & LobmanSupreme Court of Alabama · 1884
- Johnson v. ThomasSupreme Court of Alabama · 1884
- Aderholt v. EmbrySupreme Court of Alabama · 1884
3Cited by11 opinions
- Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
- Pearce v. WalkerSupreme Court of Alabama · 1893
- Matter of SandeferUnited States Bankruptcy Court, N.D. Alabama · 1985
- Larry v. BrownSupreme Court of Alabama · 1907
- Muscle Shoals Nat. Bank v. HallmarkSupreme Court of Alabama · 1981
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