Clark v. Dane
Supreme Court of Alabama
Appeal from the Oircuiit Court of Mobile. Tried before tbe Hon. William S. Anderson. Tliis was an action rof assumpsit -brought by the appellee, Rufus Dane, against Mi's.
Read the full summary
Appeal from the Oircuiit Court of Mobile. Tried before tbe Hon. William S. Anderson. Tliis was an action rof assumpsit -brought by the appellee, Rufus Dane, against Mi's. Lettice L. Clark, as administratrix of the estate of Gaylord B. Clark, deceased, •to recover $286.88, an amount alleged to be clue as a contribution upon a debt, paid by the plaintiff for and on account of defendant’s intestate, which debt was evidenced by a promissory note signed by the plaintiff, defendant’s intestate and others, as joint makers. The defendant pleaded the general issue, payment, and the following special…
1Opinion of the CourtMcCLELLAN, C. J.
For convenience of statement we will assume that the note executed by Dane, Carney, Francis B. Clark and Gaylord B. Clark was for $4,000, and that these were the -only makers. As between them and McIntosh, the payee, they were all principals, of course, and bound severally and jointly for the full amount of the paper. But as among them-, selves each was principal to the extent of $1,000, his share of the joint and several debt, and the others were as to such share sureties, each to the extent of one-*127third thereof.—Goodall v. Wentworth, 20 Me. 322; Owen v. McGehee, 61 Ala. 440; Bragg v.…
2Cases cited6 opinions
- Owen v. McGeheeSupreme Court of Alabama · 1878
- Bragg v. PattersonSupreme Court of Alabama · 1887
- Cox v. Mobile & Girard RailroadSupreme Court of Alabama · 1861
- Howle v. EdwardsSupreme Court of Alabama · 1892
- Goodall v. WentworthSupreme Judicial Court of Maine · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bramlett v. KyleSupreme Court of Alabama · 1910
- Clindinin v. GrahamSupreme Court of Iowa · 1937
- Rankin v. McCleeryAlabama Court of Appeals · 1912