Skipper v. Stokes
Supreme Court of Alabama
Appeal from the Circuit Court of Henry county. Tried before the Hon. H. D. Clayton. This action was brought by James W. Stokes, against Patrick B. Skipper; was founded upon certain accounts transferred to the plaintiff as hereinafter stated ; and was commenced on the 28th February, 1861. The defendant demurred to the complaint as the bill of exceptions taken by the defendant states, upon the ground that the plaintiff had but an equitable interest, as the agreement declared…
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Appeal from the Circuit Court of Henry county. Tried before the Hon. H. D. Clayton. This action was brought by James W. Stokes, against Patrick B. Skipper; was founded upon certain accounts transferred to the plaintiff as hereinafter stated ; and was commenced on the 28th February, 1861. The defendant demurred to the complaint as the bill of exceptions taken by the defendant states, upon the ground that the plaintiff had but an equitable interest, as the agreement declared on was only executory. Tire court overruled the demurrer, and defendant excepted. A portion of the accounts upon which…
1DissentBYPiD, J.
I dissent to so much of the opinion of the court as holds that a transferred judgment can be plead as a set- off by the assignee. It has been settled by this court that an assigned judgment cannot be plead as a set-off by the transferee, (Burwell v. Magee, 9 Ala. 433, and the cases therein cited,) and that a party cannot avail himself of a claim or debt as a set-off which he cannot sue in his own name ; and that an assigned judgment cannot be sued on in the name of the assignee. Such has been the uniform doctrine of this court.
In the case of Drake v. Mitchell et al., 3 East, 257, Lord…
2Cases cited5 opinions
- Flinn v. DavisSupreme Court of Alabama · 1850
- Bowen v. SnellSupreme Court of Alabama · 1847
- Smith v. TaylorSupreme Court of Alabama · 1846
- Bell v. HortonSupreme Court of Alabama · 1840
- Bunnell v. MageeSupreme Court of Alabama · 1846