Standifer v. M'Whorter
Supreme Court of Alabama
This was a bill in equity, filed by Harree M‘Whorler in the Circuit Court of Franklin county, in July, 1824, against Israel Standifer, Janies Standifer, and James Clemens.
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This was a bill in equity, filed by Harree M‘Whorler in the Circuit Court of Franklin county, in July, 1824, against Israel Standifer, Janies Standifer, and James Clemens. The complainant alleged that on the 2d of December, 1818, he gave,' in payment-of some land, his note to Clemens, for Ü31800, payable the 25th of -October,'1819, with •interest at five per cent, per month, from the date, if not punctually paid; that he was inebriated when he gave it; that on the 16th of June, 1819, Clemens assigned the note to Israel Standifer, and on the 27th of November thereafter, the complainant paid…
1Opinion of the Court
JUDGE CRENSHAW
delivered the opinion of the Court.
It is the opinion of the' Court, that the principles involved and settled in the celebrated interest questions, determined in this Court in January, 1827, d are decisive of the main question involved in this case.
We think, that the giving of the notes of $1250, with a knowledge of all the circumstances, or with a view of compromising a doubtful claim, and in satisfaction of a subsisting judgement, precluded the party, either in law or equity, from inquiring into the consideration and validity of the contract on which the first judgement was…
2Cited by5 opinions
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