Carpenter v. Murphree & Jones
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. J. McCaleb Wiley. This action was brought by the appellees, suing as partners, against C. N. Carpenter and Dennis Rogers; and was founded on a promissory note for #226.64, signed by said defendants and one A. J. Carpenter, who was not sued, dated the 13th February, 1861, and payable on or before the 25th December next after date, to W. It. Parker or bearer.
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Appeal from the Circuit Court of Pike. Tried before the Hon. J. McCaleb Wiley. This action was brought by the appellees, suing as partners, against C. N. Carpenter and Dennis Rogers; and was founded on a promissory note for #226.64, signed by said defendants and one A. J. Carpenter, who was not sued, dated the 13th February, 1861, and payable on or before the 25th December next after date, to W. It. Parker or bearer. Tbe defendant Carpenter interposed a plea in these words: “ The defendant Carpenter, for answer to said complaint, says, that the note on which this suit is founded was given by…
1Opinion of the CourtB. F. Saffold, J.
— The appellees, as transferees, sued the appellants on a note signed by them and A. J. Carpenter, payable to W. R. Parker. The defendant C. N. Carpenter pleaded his release by Parker, in consideration of Rogers’s signing the note, he not having been an original maker, and also of his selling property to Rogers sufficient to pay the debt, the price of which to that amount was credited on the purchase in consequence of the agreement to release him. A demurrer to this plea was sustained. The grounds of demurrer were, want of consideration, and no allegation of release in writing.
A promissory…
2Cases cited2 opinions
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