Moog v. Strang
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. Jno. A. Foster. The facts are stated in the opinion. (1.) It was legal for Moog to compromise his civil liability as surety for Hubbard, provided he was not intentionally instrumental in stopping the proceedings set on foot by the bank, and provided such stoppage formed no part of the compromise.
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Appeal from Mobile Chancery Court. Heard before Hon. Jno. A. Foster. The facts are stated in the opinion. (1.) It was legal for Moog to compromise his civil liability as surety for Hubbard, provided he was not intentionally instrumental in stopping the proceedings set on foot by the bank, and provided such stoppage formed no part of the compromise. This legal act can not be vitiated, because Mrs. Strang’s chief motive may have been the compounding, or because the bank may have chosen to drop its intended criminal proceedings as a mere incident to the recovery of its money. — Harding v.…
1Opinion of the CourtSomeryille, J.
The bill in this case was filed by the appellee, Julia A. Strang, for the purpose of cancelling a mortgage executed by her to the appellant, Moog, on certain real estate owned by her in the city of Mobile, of wThich she was at the time in possession. The debt secured by the mortgage was due, not by the mortgagor, but by her son-in-law, one ITubbard, and was evidenced by his promissory note payable to the mortgagee, Moog. The consideration of the note was money advanced by Moog, at the request of Mrs. Strang, to Hubbard, which .was .paid by the latter to the National Commercial Dank of Mobile,…
2Cases cited11 opinions
- Miller v. MarxSupreme Court of Alabama · 1876
- Graham v. AndersonIllinois Supreme Court · 1867
- Morris v. SargentSupreme Court of Iowa · 1864
- Rogers v. AdamsSupreme Court of Alabama · 1880
- Rigby v. NorwoodSupreme Court of Alabama · 1859
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3Cited by37 opinions
- Grider v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1892
- Noble v. Moses Bros.Supreme Court of Alabama · 1883
- Heflin v. HeflinSupreme Court of Alabama · 1922
- Fies & Sons v. LowerySupreme Court of Alabama · 1933
- Royal v. GossSupreme Court of Alabama · 1907
32 more not listed; retrieve them via the Exa API.