Ross v. Pitts
Supreme Court of Alabama
Appeal from tbe Circuit Court of Monroe. Tried before tbe Hon. JOHN K. Henbt. This action was brought by Littleton Pitts, against Hugb D. Boss,; was commenced on tbe 5th November, 1858 ; and was founded on a promissory note for $224, made by tbe defendant, dated tbe 12th February, 1857, and payable by tbe 1st January next after date, to Isaac D. Arledge or bearer.
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Appeal from tbe Circuit Court of Monroe. Tried before tbe Hon. JOHN K. Henbt. This action was brought by Littleton Pitts, against Hugb D. Boss,; was commenced on tbe 5th November, 1858 ; and was founded on a promissory note for $224, made by tbe defendant, dated tbe 12th February, 1857, and payable by tbe 1st January next after date, to Isaac D. Arledge or bearer. Tbe defendant pleaded, “in short by consent,” non assumpsit, payment, and set-off; and issue was joined on these pleas. On tbe trial, as tbe bill of exception shows, after tbe plaintiff bad read in evidence tbe note on which tbe…
1Opinion of the CourtPhelan, J.
This was an action by Pitts, appellee, against Ross, appellant, founded on a promissory note given by Ross to one Arledge. The defendant below pleaded non assumpsit, payment, and set-off. To maintain his defense, he offered to show that the note in suit had been transferred, before action brought, to one Reynolds, against *608whom an attachment bad been sued out by one Murpliy, and that he, defendant, had been garnisheed to answer what he was indebted to said Beynolds; that he made answer that he had made the note'in question to one Arledge, who had transferred it to said Beynolds; and that…
2Cases cited1 opinion
- Harrell v. WhitmanSupreme Court of Alabama · 1852
3Cited by1 opinion
- Bessemer Savings Bank v. AndersonSupreme Court of Alabama · 1901