Jones & Co. v. Jones
Supreme Court of Alabama
Writ of Error to the County Court of Russell. This was an action of assumpsit on a promissory note, by which the' plaintiffs, on the first of January, 1845, acknowledged to be due to the defendant in error the sum of ‡158 75. The cause was submitted to the jury upon the pleas of non assumpsit, payment and set-off, a verdict was returned for the plaintiff below, and judgment was rendered thereon. The members of the partnership were J. H. Jones, J. H. Williams and W. Ambrose.
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Writ of Error to the County Court of Russell. This was an action of assumpsit on a promissory note, by which the' plaintiffs, on the first of January, 1845, acknowledged to be due to the defendant in error the sum of ‡158 75. The cause was submitted to the jury upon the pleas of non assumpsit, payment and set-off, a verdict was returned for the plaintiff below, and judgment was rendered thereon. The members of the partnership were J. H. Jones, J. H. Williams and W. Ambrose. From a bill of exceptions, sealed at the instance of the defendants, it appears that the defendant Jones, proved that…
1Opinion of the CourtCollier, C. J.
In Carson & Moore v. Barnes, 1 Ala. Rep. N. S. 93, it was said to be no objection that a note offered to be set off was payable to one of several defendants in the action. “ The defendants are liable jointly and severally to satisfy the plaintiff’s demand, and a debt due from him to either, would be a good set-off against it.” To the same effect is Pitcher & Remsen v. Patrick’s Adm’r, Minor’s R. 321. See also Clark v. McElroy, 1 Stew. R. 147; Gee, Adm’r, v. Nicholson, 2 Stew. Rep. 512. And such was held to be the law in Winston v. Metcalfe, 6 Ala. Rep. 756. In that case W. & P.- were the…
2Cases cited4 opinions
- Taylor v. BassSupreme Court of Alabama · 1843
- Winston v. MetcalfSupreme Court of Alabama · 1844
- Gee v. NicholsonSupreme Court of Alabama · 1830
- Mitchell v. BurtSupreme Court of Alabama · 1846
3Cited by7 opinions
- First Nat. Bank of Abbeville v. CappsSupreme Court of Alabama · 1922
- Sledge v. Swift, Murphy & Co.Supreme Court of Alabama · 1875
- Hurst v. StateSupreme Court of Alabama · 1885
- Huddleston v. AskeySupreme Court of Alabama · 1876
- Locke v. LockeSupreme Court of Alabama · 1876
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