Burns & Co. v. Moore & McGee
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. II. C. Speake. This action was brought by Burns & Co., a mercantile partnership doing business in Nashville, Tennessee, against R. R. Moore and Henry McGee, as joint makers of a promissory note for $264.50, which was dated “Nashville, Tenn., August 7th, 1875,” and payable six months after date, to the order of said Burns & Co., at the bank of Fordyce & Rison, in Huntsville, Alabama, “ with interest after…
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Appeal from the Circuit Court of Madison. Tried before the Hon. II. C. Speake. This action was brought by Burns & Co., a mercantile partnership doing business in Nashville, Tennessee, against R. R. Moore and Henry McGee, as joint makers of a promissory note for $264.50, which was dated “Nashville, Tenn., August 7th, 1875,” and payable six months after date, to the order of said Burns & Co., at the bank of Fordyce & Rison, in Huntsville, Alabama, “ with interest after maturity at ten per-cent, per annum.” The defendants jointly pleaded, “ in short by consent,” that the note was void because…
1Opinion of the CourtSomkhville, J.
— It can be no ground of sufficient objection, that judgment was rendered, upon the note sued on, against only one of the two defendants who were parties to the suit, and that judgment was rendered, on a proper verdict, in favor of the other defendant. The statute expressly provides, that “ when suit is instituted against several defendants, the plaintiff may recover against one or more, but is liable to costs to those against whom he does not obtain judgment.” — Code, 1876, §§ 2919, 2905 ; Steed v. Barnhill, 71 Ala. 157.
The main question raised by the rulings of the court is, whether the…
2Cases cited14 opinions
- Feital v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1872
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- McGrath v. MerwinMassachusetts Supreme Judicial Court · 1873
- Shippey v. EastwoodSupreme Court of Alabama · 1846
- Johnston v. PeopleIllinois Supreme Court · 1863
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Natural Gas Products Co. v. ThurmanCourt of Appeals of Kentucky · 1924
- Wadsworth v. DunnamSupreme Court of Alabama · 1897
- Humphrey v. BoschungSupreme Court of Alabama · 1971
- Anderson v. Bellenger & RallsSupreme Court of Alabama · 1888
16 more not listed; retrieve them via the Exa API.