Crayton v. Clark
Supreme Court of Alabama
Writ of Error to the Circuit Court of Marion. This was an action of debt at the suit of the plaintiff in error, on a bill single, for the sum of $ 163 63, dated the 26th January, 1843, and payable to the plaintiff or bearer, on the 1st March, 1844, in the notes of the Bank of the State of Alabama, or any of its branches. The defendant pleaded several pleas, with leave to give any matter in evidence that would be a defence to the action.
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Writ of Error to the Circuit Court of Marion. This was an action of debt at the suit of the plaintiff in error, on a bill single, for the sum of $ 163 63, dated the 26th January, 1843, and payable to the plaintiff or bearer, on the 1st March, 1844, in the notes of the Bank of the State of Alabama, or any of its branches. The defendant pleaded several pleas, with leave to give any matter in evidence that would be a defence to the action. Thereupon the cause was submitted to a jury who returned a verdict for the defendants, and judgment was rendered accordingly. On the trial, a bill of…
1Opinion of the CourtCollier, C. J.
To entitle the defendant to set off a noté which has been assigned to him, he must prove that the assignment was made prior to the commencement of Ihe action. [Minor’s Rep. 7.] Nor can the defendant set off a demand on which he cannot maintain an action in his own •name. [1 Ala. Rep. 413.] And when the plaintiff’s note is offered as a set off, its genuineness must be proved. [Minor’s R. 178; 6 Ala. R. 893.] In Cass v. Northrop, 1 S. & P. 89, it was decided, that where the defendant relies upon a note made by the plaintiff, which he claims as an indorsee, the indorsement must be proved. In the…
2Cases cited4 opinions
- Wheeler v. RaymondNew York Supreme Court · 1825
- Meader v. LeslieSupreme Court of Vermont · 1830
- Bell v. HortonSupreme Court of Alabama · 1840
- Moore v. CasonMississippi Supreme Court · 1834
3Cited by4 opinions
- Wheatley v. StrobeCalifornia Supreme Court · 1859
- Stovall v. HamiltonAlabama Court of Appeals · 1915
- Kimbrough v. DavisSupreme Court of Alabama · 1859
- McClellan v. YoungSupreme Court of Alabama · 1850