Eastern Bank v. Taylor
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The appellant in this case recovered a judgment in said city court, against the appellee, on the 3d March, 1863, for $4,677.84, principal, and $497.96, interest.
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Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The appellant in this case recovered a judgment in said city court, against the appellee, on the 3d March, 1863, for $4,677.84, principal, and $497.96, interest. An execution having been issued on this judgment, on the 3d March, 1866, and levied on the defendant’s property, he made a motion in said city court, at the return term of the execution, to quash the execution, and enter satisfaction of the judgment, on the ground that the plaintiff had accepted and received satisfaction thereof. The fact of payment…
1Opinion of the CourtA. J. Walker, C. J.
In the court below, the plaintiff’s judgment was adjudged to be satisfied. The bill of exceptions sets forth the entire evidence in the case, together with the charges, upon which the verdict, that the judgment was satisfied, is predicated. One Williams was, in 1863, the agent of the plaintiff, having authority to collect the judgment, or to transfer it, provided the plaintiff should incur no liability by such transfer. Williams, the agent, transmitted the amount due upon the judgment, to the plaintiff, and endorsed upon the execution docket a written transfer, without recourse, to himself;…
2Cases cited11 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Andrews v. Hobson's Adm'rSupreme Court of Alabama · 1853
- Charles v. DuboseSupreme Court of Alabama · 1856
- McGehee v. LindsaySupreme Court of Alabama · 1844
- McLane v. SpenceSupreme Court of Alabama · 1844
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3Cited by6 opinions
- Nappanee Canning Co. v. Reid, Murdoch & Co.Indiana Supreme Court · 1902
- Clay v. CumminsSupreme Court of Alabama · 1917
- Caldwell v. CaffeySupreme Court of Alabama · 1959
- Barr v. RandallSupreme Court of Kansas · 1886
- Broughton v. Detroit Trust Co.Michigan Supreme Court · 1935
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