Harrison & Robinson v. Johnston
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before the Hon. EdmuND W. Pettus. This action was brought by the appellants, as partners, to recover the amount of two promissory notes, executed by Nathaniel G. Eriend and John C. Johnston ; each for $2,500, dated April 4, 1852, and payable respectively nine and ten months after date, to Harrison & Robinson, or order, at the Bank of Mobile.
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Appeal from the Circuit Court of Greene. Tried before the Hon. EdmuND W. Pettus. This action was brought by the appellants, as partners, to recover the amount of two promissory notes, executed by Nathaniel G. Eriend and John C. Johnston ; each for $2,500, dated April 4, 1852, and payable respectively nine and ten months after date, to Harrison & Robinson, or order, at the Bank of Mobile. The defendant (Johnston, who alone was sued) pleaded, “ 1st, that there was no good and sufficient consideration for said note to make it binding on him ; and, 2d, that said note was paid by N. G. Eriend, his…
1Opinion of the Court
GrOLDTHWAITE, J,
The casé upon the record stands thus : The appellants were the factors and commission merchants of N. G-. Friend, and there was a current account kept up between them, from April, 1850, until the death of Friend, which was subsequent to July, 1853. On the 29th of April, 1852, if the accounts had been made out and the balance struck, Friend would have been indebted about $400 ; and on-that day, he made two notes, each for $2,500, payable at nine and ten months, with the appellee, Johnston, as surety ; which he delivered to the appellants, who passed 'them to his credit on their…
2Cited by24 opinions
- State v. HillNebraska Supreme Court · 1896
- Johnson v. AllenSupreme Court of Alabama · 1884
- Wait v. Homestead Building Ass'nWest Virginia Supreme Court · 1918
- Alabama Gold Life Insurance v. SledgeSupreme Court of Alabama · 1878
- Alabama Fidelity & Casualty Co. v. Alabama Penny Sav. BankSupreme Court of Alabama · 1917
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