Savage's Adm'r v. Carleton
Supreme Court of Alabama
Appeal from the Circuit Court of Clarke. Tried before the Hon. C. W. Napier. This action was brought by James C. Savage, as the administrator de bonis non of James Savage, deceased, against Alexander Carleton; and was commenced on the 1st'March, 1858. The cause of action was a promissory note for $860, executed by the defendant and one John E. Macon, (the former as surety for the latter,) dated the 13th February, 1854, and payable twelve months after date, to A. M. Creagh,…
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Appeal from the Circuit Court of Clarke. Tried before the Hon. C. W. Napier. This action was brought by James C. Savage, as the administrator de bonis non of James Savage, deceased, against Alexander Carleton; and was commenced on the 1st'March, 1858. The cause of action was a promissory note for $860, executed by the defendant and one John E. Macon, (the former as surety for the latter,) dated the 13th February, 1854, and payable twelve months after date, to A. M. Creagh, as the administrator of said James Savage, deceased. The defendant pleaded, “ that he is surety on said note, and is…
1Opinion of the Court
RICE, C. J.—
If the charge of the court can be sustained at all, it must be by virtue of section 2647 of the Code, which provides, that “ a surety upon any contract for the payment of money, or for the payment or delivery of personal property, may require the creditor, or any one having the beneficial interest in the contract, by notice in writing, to bring suit thereon against the 'principal debtor, or against any co-surety to such contract; and if suit be not brought thereon, pursuant to such notice, to the first court to -which suit can be brought after the receipt of such notice, and…
2Cases cited1 opinion
- Shehan v. HamptonSupreme Court of Alabama · 1846
3Cited by4 opinions
- Barnes v. MowryIndiana Supreme Court · 1891
- Darby v. Berney National BankSupreme Court of Alabama · 1892
- Edmonson & Reekes v. Potts' AdministratorSupreme Court of Virginia · 1910
- Hammond v. McHargueMissouri Court of Appeals · 1913