McNair v. Cooper
Supreme Court of Alabama
ERror to the County Court of Dallas. This action of assumpsit was brought in the Court below, by the plaintiffs in error, executor and executrix of Uriah Grigsby, deceased, against the defendant, as survivor of the firm of David Cooper & Brothers, on two promissory notes made by them to Uriah Grigsby, for the payment of eight hundred and thirty-three dollars thirty-three cents, each.
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ERror to the County Court of Dallas. This action of assumpsit was brought in the Court below, by the plaintiffs in error, executor and executrix of Uriah Grigsby, deceased, against the defendant, as survivor of the firm of David Cooper & Brothers, on two promissory notes made by them to Uriah Grigsby, for the payment of eight hundred and thirty-three dollars thirty-three cents, each. Pleas non assumpsit — fraud—failure of consideration — want of consideration — all, in short, by consent — and, also, a special plea in short “ that the notes sued on were to be paid to the Treasurer of the Rail…
1Opinion of the CourtOrmond, J.
The special plea relied on as a bar to the action is very informal, but was designed we presu'me to state, that at the time the notes sued upon in this action were executed, it was agreed between the pa-rties that Grigsby, the payee, 'should transfer the notes to the Selma Rail Road Company, in payment of his stock in the Company — the Company being at the time indebted to the makers of the note.
These facts disclose that at the time of the execution of these notes, (which, from the evidence in the cause, we learn was for a tract of land sold bythe payee to the makers,) there was a collateral…
2Cases cited1 opinion
- Honeycut v. StrotherSupreme Court of Alabama · 1841
3Cited by9 opinions
- Patrick v. PettySupreme Court of Alabama · 1887
- Lake-side Land Co. v. DromgooleSupreme Court of Alabama · 1889
- Jones v. Trawick's Adm'rSupreme Court of Alabama · 1857
- Reader v. HelmsSupreme Court of Alabama · 1876
- Standifer v. WhiteSupreme Court of Alabama · 1846
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