Branch of the Bank of the State v. Gaffney
Supreme Court of Alabama
Writ of Error to the Circuit Court of Lowndes. This was an action of assumpsit, at the suit of the plaintiff in error, against the defendant, as the guarantor of a promissory note. The declaration contains six or seven counts, but as the fourth is the only one in question, we will not notice the others.
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Writ of Error to the Circuit Court of Lowndes. This was an action of assumpsit, at the suit of the plaintiff in error, against the defendant, as the guarantor of a promissory note. The declaration contains six or seven counts, but as the fourth is the only one in question, we will not notice the others. That count alledges, that the defendant, on the 20th of February, 1838, being indebted to Thomas Bryant in his life-time, in the sum of “two thousand dollars, transferred, delivered, and indorsed,” a promissory note, “dated the 17th January, 1837, due twelve months after date, to the Cashier…
1Opinion of the CourtCollier, C. J.
It may be, that the fourth count shows a misrepresentation or concealment in respect to the ability of the makers of the note in ¿fftestion to pay it, so as to subject’ them to an action for the fraud. Be this as it may, it is a point we will not stop to consider, as it cannot avail the plaintiff in the case at bar. The suit is brought upon the indorsement of the defendant, not to enforce a collateral liability, wholly independent of it; consequently the’ question offrau vel non, is an inquiry without the issue. Besides, it may be asked, if misrepresentation or Concealment are imputable to…
2Cases cited6 opinions
- Jordan v. GarnettSupreme Court of Alabama · 1842
- Milton v. DeYampertSupreme Court of Alabama · 1842
- Leavitt v. SmithSupreme Court of Alabama · 1844
- Nesbit v. BradfordSupreme Court of Alabama · 1844
- Lake v. GilchristSupreme Court of Alabama · 1845
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3Cited by6 opinions
- Jefferson County v. City of BirminghamSupreme Court of Alabama · 1938
- Bemis v. McKenzieSupreme Court of Florida · 1869
- Citizens' Bank v. First National BankSupreme Court of Iowa · 1907
- Fulford v. Johnson, Hendon & Co.Supreme Court of Alabama · 1849
- McKewer v. KirtlandSupreme Court of Iowa · 1871
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