Rives v. M'Losky
Supreme Court of Alabama
This action was assumpsit, by M’Losky & Hogan, against Rives & Mather, in Mobile Circuit Court. The cause of action was a note of hand, drawn by the defendants in favor of the plaintiffs, (below,) dated the twenty-first day of March, one thousand eight hundred and twenty-six, and payable at ninety days, in the sum of eight hundred and twenty-two dollars, and seventy-nine cents.
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This action was assumpsit, by M’Losky & Hogan, against Rives & Mather, in Mobile Circuit Court. The cause of action was a note of hand, drawn by the defendants in favor of the plaintiffs, (below,) dated the twenty-first day of March, one thousand eight hundred and twenty-six, and payable at ninety days, in the sum of eight hundred and twenty-two dollars, and seventy-nine cents. On the trial, in the Circuit Court, under the pleas of non-assump-sit, payment, accord and satisfaction, and set-off; judgment was given for the plaintiffs there ; and by exceptions and writ of error, the defendants…
1Opinion of the CourtThornton, J.
This action was brought by the defendants in error, against the present plaintiffs, to recover the amount of a promissory note, executed to them, by the said plaintiffs; and the defence relied upon, grew out of a a negotiation or settlement had between the parties, in October, one thousand eight hundred and twenty-six, at which time sundry notes were transferred or handed over to the said defendants, as collateral security, and, among others, a note for one thousand four hundred and foiN ty-six dollars and fifteen cents, executed by one D, H. Burke, to F. Vaughan & Co., due in May, one…
2Cases cited1 opinion
- Livingston & Gilchrist v. Maryland InsuranceSupreme Court of the United States · 1813
3Cited by2 opinions
- Seaboard Air Line Railway Co. v. MobleySupreme Court of Alabama · 1915
- Gordon v. McLeodSupreme Court of Alabama · 1852