Taliaferro's Adm'r v. Branch Bank
Supreme Court of Alabama
Appeal from the Chancery Court at Montgomery. Heard before the Hon. James B. Clark. The appellant, as administrator of Thornton Taliaferro, deceased, exhibits his bill, in which he sets forth and charges, that on the 1st day of March, 1841, one Bushrod W. Bell drew his bill of exchange for the sum of $8754 80, addressed to one B. J. Guise; that said bill was endorsed by James C. Boyd and his intestate, and was bought by the Branch Bank at Montgomery ; that the parties to…
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Appeal from the Chancery Court at Montgomery. Heard before the Hon. James B. Clark. The appellant, as administrator of Thornton Taliaferro, deceased, exhibits his bill, in which he sets forth and charges, that on the 1st day of March, 1841, one Bushrod W. Bell drew his bill of exchange for the sum of $8754 80, addressed to one B. J. Guise; that said bill was endorsed by James C. Boyd and his intestate, and was bought by the Branch Bank at Montgomery ; that the parties to said bill were liable according to the order in which their names appear upon it, that is, Boyd as first, and his intestate…
1Opinion of the CourtLigon, J.
A long and unbroken chain of decisions in this court hold, that when a defendant at law, after judgment, seeks the aid of a court of chancery, in matters which would have formed a good defence at law, he must show by his bill that his failure to discover and avail himself of his defence at law is not attributable to any negligence or want of diligence on his part, but to fraud, accident, or the act of the opposite party.—McGrew v. Tombeckbee Bank, 5 Por. 547; French v. Garner, 7 ib. 549; Lee & Norton v. Insurance Bank at Columbus, 2 Ala. 20; Stinnett & Townsend v. Br. Bk. at Mobile, 9 ib.…
2Cases cited1 opinion
- Crafts v. DexterSupreme Court of Alabama · 1845
3Cited by9 opinions
- Goodrich v. GoodrichSupreme Court of Alabama · 1870
- Stubbs v. LeavittSupreme Court of Alabama · 1857
- McCollum v. PrewittSupreme Court of Alabama · 1861
- Carolus v. KochSupreme Court of Missouri · 1880
- Stein v. BurdenSupreme Court of Alabama · 1857
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