Lamkin v. Phillips
Supreme Court of Alabama
Error to the Circuit court of Lowndes. Assumpsit on a promissory note, tried before Pickens, J. The defence will appear in the statement below. A verdict was rendered for defendant, on which judgment was entered up.
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Error to the Circuit court of Lowndes. Assumpsit on a promissory note, tried before Pickens, J. The defence will appear in the statement below. A verdict was rendered for defendant, on which judgment was entered up. The following was the cause of action: “ One day after date, I promise to pay Jé (administrator of the estate of George Clarl or hearer, with interest from the first day of January' the sum of sixty-five dollars, for value receh%dLI3S(fLátfJ£Y. 1836. Henry M. ] Defendant proved that plaintiff’s intestate, and'one Henry Crocheron, had been partners in mercantile business. In…
1Opinion of the Court
GOLDTHWA1TE, J.
The judgment of the Circuit court was probably induced, by an impression, that the debt due from the defendant, to Crocheron & Clark, was incapable of being assigned to either one of the partners — and that, therefore, it was not extinguished, when he settled with, and gave his note to the administrator of Clark.
The judgment cannot be supported; because, by the assignment to Clark, he acquired the sole equitable interest in the account: this, at his death, became vested in his administrator, who was authorised to collect the money, and thus extinguish the debt; or to take a…
2Cases cited4 opinions
- Welch v. MandevilleSupreme Court of the United States · 1816
- Raymond v. SquireNew York Supreme Court · 1814
- M'CULLUM v. CoxeSupreme Court of the United States · 1785
- Colvin v. RichSupreme Court of Alabama · 1836
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