McKenzie v. Hunt & Andrews
Supreme Court of Alabama
[ACTION ON PROMISSORY NOTE, BY ASSIGNEE AGAINST MAKER.] Appeal from the Circuit Court of Barbour. Tried before the Hon. S. D. Hale. This action was brought by William A. McKenzie against Hunt & Andrews, as partners, and was founded on the defendants’ promissory note for $175, dated the 14th February, 1853, and transferred to the plaintiff through several intermediate holders. The defendants pleaded payment and set-off, and issue was joined on those pleas.
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[ACTION ON PROMISSORY NOTE, BY ASSIGNEE AGAINST MAKER.] Appeal from the Circuit Court of Barbour. Tried before the Hon. S. D. Hale. This action was brought by William A. McKenzie against Hunt & Andrews, as partners, and was founded on the defendants’ promissory note for $175, dated the 14th February, 1853, and transferred to the plaintiff through several intermediate holders. The defendants pleaded payment and set-off, and issue was joined on those pleas. On the trial, after the plaintiff had read in evidence the note sued on, the defendants introduced one Flournoy as a witness, who…
1Opinion of the CourtStone, J.
This case must be reversed on the merits. Sections 1530 and 1531 of the Code are, on this subject, substantially the same as the 1st section of the act of 1812. Clay’s Digest, 381-2, § 6. Under the "act of 1812, it has always been held, that a set-off against, an intermediate holder of a promissory note cannot be maintained — See authorities on the brief.
To sustain the defense relied on in this case, it was necessary to prove such a contract as, in substance, amounted to a payment. A contract of that description would have vested in the defendants the 'properly in the note which is the…
2Cases cited1 opinion
- Kennedy v. ManshipSupreme Court of Alabama · 1840
3Cited by7 opinions
- Manning v. MaroneySupreme Court of Alabama · 1888
- Davis v. NelighNebraska Supreme Court · 1878
- Goldthwaite v. National BankSupreme Court of Alabama · 1880
- Alabama & Mississippi Rivers Railroad v. SanfordSupreme Court of Alabama · 1860
- Edney v. WillisNebraska Supreme Court · 1888
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