McLelland v. Ridgeway
Supreme Court of Alabama
Error to the County Court of Mobile. This was an action of assumpsit, at the suit of the defendant in error, on a writing by which Smith & McLelland acknowledged, on the 8th May, 1840, to be due to the plaintiff below, two hundred and ninety-five dollars, in Tombigby Rail Road money. The defendant pleaded, 1st. Non as-sumpsit. 2d. Payment. 3d. Set-off. 4th.
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Error to the County Court of Mobile. This was an action of assumpsit, at the suit of the defendant in error, on a writing by which Smith & McLelland acknowledged, on the 8th May, 1840, to be due to the plaintiff below, two hundred and ninety-five dollars, in Tombigby Rail Road money. The defendant pleaded, 1st. Non as-sumpsit. 2d. Payment. 3d. Set-off. 4th. That the plaintiff in this action, on the 2d day of October, 1843, in the circuit court of Noxubee county, in the state of Mississippi, recovered a judgment against the defendant and his co-maker, Smith, for the same identical cause of…
1Opinion of the CourtCollier, C. J.
There can be no question but the payment of a note or other liability, by one of several partners or joint promissors, shall enure to all. And whether such payment has been made by an advance of money, or by setting off or discounting notes individually due the party paying, is immaterial, if the liability has been discharged. But the important inquiry here is, whether the evidence offered *485to establish the fact of payment, was admissible for that purpose.
It is said, that in general, no one can be bound by a verdict or judgment, unless he be a party to the suit, or be in privity with the…
2Cases cited3 opinions
- Le Roy, Bayard & Co. v. JohnsonSupreme Court of the United States · 1829
- Coit v. TracySupreme Court of Connecticut · 1831
- Sturges v. BeachSupreme Court of Connecticut · 1816
3Cited by15 opinions
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Evans v. EvansSupreme Court of Alabama · 1917
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- White v. HillSupreme Court of Alabama · 1912
- Cook v. Parham & BluntSupreme Court of Alabama · 1879
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