Legal Opinion

Duramus v. Harrison

Supreme Court of Alabama

Decided January 15, 1855PublishedCited by 27 opinions

Appeal from the Circuit Court of Lowndes. Tried before the Hon. Nat. Cook. This action was commenced in March, 1854, and was founded on a promissory note, of which the following is a copy: “ $1500. On the first day of February, eighteen hundred and fifty-four, we promise to pay Henry G. Duramus fifteen hundred dollars, for value received February 1st, 1852. (Signed) “ James HarrisoN, “James K. Whitman.”

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Appeal from the Circuit Court of Lowndes. Tried before the Hon. Nat. Cook. This action was commenced in March, 1854, and was founded on a promissory note, of which the following is a copy: “ $1500. On the first day of February, eighteen hundred and fifty-four, we promise to pay Henry G. Duramus fifteen hundred dollars, for value received February 1st, 1852. (Signed) “ James HarrisoN, “James K. Whitman.” The defendant Harrison pleaded-as a set-off an open account due to him from the firm of Cook & Co., of which firm ’ plaintiff was a member ; to which plea the plaintiff demurred, but the court…

1Opinion of the CourtRice, J.

—The act of 1818 contained the following provisions : -1 Every joint bond, covenant, bill, promissory note, or judgment of any court of record of any State or territory of the United States, shall be deemed and construed to have the same effect in law’, as a joint and several bond, covenant, bill, promissory note, or judgment; and it shall be lawful to sue out process, and proceed to judgment, against any one or more of the obligors, covenanters, or drawers of any- such joint bond, covenant, bill, or promissory note, or against any one or more of the defendants to any such judgment.” * * * “…

2Cases cited3 opinions

  1. R. W. Smith & Co. v. Mallory's Ex'rSupreme Court of Alabama · 1854
  2. Hoyt v. MurphySupreme Court of Alabama · 1850
  3. Hall v. Cook's AdministratorSupreme Court of Alabama · 1840

3Cited by27 opinions

  1. McDonald v. HoveySupreme Court of the United States · 1884
  2. Hyatt v. AllenCalifornia Supreme Court · 1880
  3. Lewis v. StateCourt of Criminal Appeals of Texas · 1910
  4. Clark v. Jones & BrotherSupreme Court of Alabama · 1888
  5. Morrison v. StevensonSupreme Court of Alabama · 1881

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