Lawrence v. Ware
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby. Tried before the Hon. WA- S. Mudil This action was brought' by Noah, Lawrence, agganst Horace Ware was founded on- the defendant’s promissory note for $87 87, dated 25th May, 1854] and payable on ¡the 1st January,, 1S55, to, Matthew Lqe or order; and was commenced on. the 3d August, 18-58. The defendant pleaded a former judgment on the note, in his favor; and issue was joined on that plea.
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Appeal from the Circuit Court of Shelby. Tried before the Hon. WA- S. Mudil This action was brought' by Noah, Lawrence, agganst Horace Ware was founded on- the defendant’s promissory note for $87 87, dated 25th May, 1854] and payable on ¡the 1st January,, 1S55, to, Matthew Lqe or order; and was commenced on. the 3d August, 18-58. The defendant pleaded a former judgment on the note, in his favor; and issue was joined on that plea. On, the trial, as,the bill of exceptions states, after the plaintiff bad read in evidence the note on which the suit was' founded, the defendants offered in-…
1Opinion of the CourtA. J. Walker, C. J.
The general principle is, tliát judgments and'.verdicts'.-are-only binding on parties and privies. The plaintiff in this suit was neither a party nor privy to the former suit “which is , pleaded in bar. With the person in whose name the former suit was brought, the plaintiff- occupied no relationship, in reference to the property in'the note, which would constitute privity. — 1 Green-leaf on Evidence, §§ 189, '523. -The only relationship which existed between Them,, was that of a temporary agency on the part of'the'plaintiff in the former suit, to demand payment of the note, and, in default…
2Cases cited1 opinion
- Mayer v. FoulkrodU.S. Circuit Court for the District of Eastern Pennsylvania · 1825
3Cited by1 opinion
- Cragin & Co. v. International S. S. Co.Court of Appeals for the Second Circuit · 1926