Tisdale v. Maxwell
Supreme Court of Alabama
Appeal from Perry Court of Quarter Sessions. Tried before Hon. Powhatan Lockett. This was an action brought by the appellee, Maxwell, against the appellant, Tisdale, as the executor of one W. W. Tarry, to recover the amount of a promissory note made by his testator, on the 8th day of January, 1872, and the balance due upon account between Maxwell and the deceased.
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Appeal from Perry Court of Quarter Sessions. Tried before Hon. Powhatan Lockett. This was an action brought by the appellee, Maxwell, against the appellant, Tisdale, as the executor of one W. W. Tarry, to recover the amount of a promissory note made by his testator, on the 8th day of January, 1872, and the balance due upon account between Maxwell and the deceased. On the trial, the appellant introduced in evidence, under a plea of set-off, a note made by Benjamin Ware and Joseph Tarry, and payable to Tarry and Maxwell, stating at the time that he had found the note among the papers of.his…
1Opinion of the CourtStone, J.
The note, or agreement, of December 6th, 1871, by Benjamin Ware and Joseph Tarry, to Tarry and Maxwell, imports, prima fade, a joint and co-equal interest in the two payees. This, however, does not preclude proof of the true transaction, and that the.,’consideration moved •from them, in separate and unequal amounts and values. And if it be shown that such was the real transaction, then if one of the payees collected more than his share of the claim, *43an action for money bad and received would lie against him in favor of the other payee, for such excess of collections. And such excess could…
2Cases cited2 opinions
- Jarrell v. LillieSupreme Court of Alabama · 1866
- Cousins v. JacksonSupreme Court of Alabama · 1875
3Cited by25 opinions
- Warten v. BlackSupreme Court of Alabama · 1915
- Miller v. Cannon & Co.Supreme Court of Alabama · 1887
- Wood v. Brewer & BrewerSupreme Court of Alabama · 1882
- Causler v. WhartonSupreme Court of Alabama · 1878
- McDonald v. HarrisSupreme Court of Alabama · 1901
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