Brooks v. Maltbie
Supreme Court of Alabama
James R. Maltbie declared, in the action of as-sumpsit, in Jefferson Circuit Court, against the plaintiffs in error, upon a promissonr note, executed by them, (jointly and severally,) to the plaintiff. The writ was executed upon both of the defendants. But Brooks neither appeared, nor plead to the action.
Read the full summary
James R. Maltbie declared, in the action of as-sumpsit, in Jefferson Circuit Court, against the plaintiffs in error, upon a promissonr note, executed by them, (jointly and severally,) to the plaintiff. The writ was executed upon both of the defendants. But Brooks neither appeared, nor plead to the action. The defendant, Brown, plead : first— non-assumpsit; secondly — a special plea, averring, that he subscribed the note, sued on, only as the surety of Brooks, without any consideration, whatever ; that, some time after the execution of said note, to wit, on the 20th day of February, A. D.…
1Opinion of the CourtTaylor, J.
At March term 1829, of the Circuit Court of Jefferson county, the declaration was filed in assumpsit, upon a promissory note; at the same term, Browm, one of the defendants, filed two pleas, first, the general issue: his second plea was as follows, viz — “ and for further plea in this behalf, the said defendant saith, actio non, &c. because he says that he, the said defendant, subscribed said promissory note aboye stated and set forth in said plaintiff’s declaration, only as . the security of the said Jacob W. Brooks, his co-defendant, without any consideration whatever moving from the said…
2Cited by2 opinions
- Long v. GwinSupreme Court of Alabama · 1914
- Ex Parte MasonSupreme Court of Alabama · 1925