Connerly & Co. v. Planter's & Merchants' Insurance
Supreme Court of Alabama
Appeal from the Circuit Court of Pickens. Tried before the Hon. Luther B. Smith. This action was brought by the Planters’ and Merchants’ Mutual Insurance Company of Mobile, a domestic corporation, against Henry Connerly and Catherine Connerly, as partners doing business under the firm name of H. Connerly & Co.; and was commenced on the 26th August, 1875. The action was founded on two promissory notes, executed by said H. Connerly & Co. as makers, payable to the order of R. &…
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Appeal from the Circuit Court of Pickens. Tried before the Hon. Luther B. Smith. This action was brought by the Planters’ and Merchants’ Mutual Insurance Company of Mobile, a domestic corporation, against Henry Connerly and Catherine Connerly, as partners doing business under the firm name of H. Connerly & Co.; and was commenced on the 26th August, 1875. The action was founded on two promissory notes, executed by said H. Connerly & Co. as makers, payable to the order of R. & P. A. Weaver, and transferred by them to the plaintiff; one being for the sum of $1,083.76, dated the 19th May, 1873,…
1Opinion of the CourtBeiokell, C. J.
The plea of non est factum, interposed by Catherine Connerly, was matter of defense purely personal. In actions ex contractu, if one of several defendants plead matter in his particular discharge, not directed to the merits, it is the right of the plaintiff to enter a nolle-prosequi, or discontinuance as to him, without producing a discontinuance as to the other defendants. — 1 Chitty’s Pl. 604; Mock v. Walker, 42 Ala. 668; Reynolds v. Simpson, at the last term,
*441The instruments, on which the action is founded, have every quality of negotiable promissory notes. Each is for the payment of a…
2Cases cited8 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Brown v. MottNew York Supreme Court · 1811
- Grant v. EllicottNew York Supreme Court · 1831
- Montgomery v. ElliottSupreme Court of Alabama · 1844
- Mock v. WalkerSupreme Court of Alabama · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Marling v. JonesWisconsin Supreme Court · 1909
- Vogler v. MansonSupreme Court of Alabama · 1917
- Rudulph v. BrewerSupreme Court of Alabama · 1892
- Sims v. National Commercial BankSupreme Court of Alabama · 1882
- First National Bank of Decatur v. JohnstonSupreme Court of Alabama · 1892
11 more not listed; retrieve them via the Exa API.