Phillips v. Jordon
Supreme Court of Alabama
In February, 1828, John Blevins made his promissory note payable on the 25th December, to one J. Hutchison, for $380. On the 4th of March, 1828, Hutchison indorsed the note to Uriah Jordon, and on the same day Jordon indorsed if. again to George Phillips. In March, 1829, Phillips brought his action of debt in Shelby Circuit Court, against Blevins and Jordon, under the provisions of the act of 1828, which requires the maker and indorser to be joined in the same action.
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In February, 1828, John Blevins made his promissory note payable on the 25th December, to one J. Hutchison, for $380. On the 4th of March, 1828, Hutchison indorsed the note to Uriah Jordon, and on the same day Jordon indorsed if. again to George Phillips. In March, 1829, Phillips brought his action of debt in Shelby Circuit Court, against Blevins and Jordon, under the provisions of the act of 1828, which requires the maker and indorser to be joined in the same action. The sheriff returned the writ executed as to Joidon and made no return as to Blevins. The plaintiff filed his declaration…
1Opinion of the Court
By JUDGE CRENSHAW.
This action was brought under the act of 1828, defining the liability of indorsers, and which requires‘‘that in order to charge an indorser, suit must be instituted against the maker and indorser, in the same action, at the first Court to which suit can be brought; but if the plaintiff fail to join the maker and in-dorser, in the same action, he shall not have an action against'the indorser until he shall have prosecuted the maker to insolvency; and if he fail to sue the maker to the first Court as aforesaid, the indorser shall be discharged from liability.” The object of…
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