Hughes v. Southern Warehouse Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. Jno. P. Hubbard. cited Street v. Kelly, 67 Ala. 478; Ellison v. State, 69 Ala. 1; Jenks v. Terrell, 73 Ala. 238; Orescent Brewing Oo. v. Handley, 90 Ala. 486; Anderson v. Bellenger, 87 Ala. 334. cited Ihompson v. Robinson, 34 Ark. 52; King v. Bank, 47 Amer. Dec. 743; Bennett v. Robinson, 3 Stew. & P. 227; Lewis v. Faber, 65 Ala. 460.
1Opinion of the CourtStone, C. J.
— The present suit is brought on a note under seal, or bond, due June 1, 1886, for the payment of three hun-' dred dollars. It is payable to Walker, and was by him 'indorsed on the day of its maturity. The note or bond is signed by Hughes and Letcher, the latter being only a surety for Hughes. The consideration is riot expressed in the note or bond. Up to this point there is no conflict in the testimony.
The joint defenses attempted were set-off and recoupment. Letcher, the surety, pleaded an additional, separate defense, viz., that he was only surety, and that without his consent, and for a…
2Cases cited3 opinions
- Haden v. BrownSupreme Court of Alabama · 1851
- Mobile & Montgomery Railway Co. v. BrewerSupreme Court of Alabama · 1884
- David v. MaloneSupreme Court of Alabama · 1872
3Cited by3 opinions
- Fanning v. MurphyWisconsin Supreme Court · 1906
- Hattiesburg Production Credit Ass'n v. SmithMississippi Supreme Court · 1941
- Thysell v. HolmSupreme Court of Minnesota · 1914