Krebs v. O'Grady
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. Lyman Gibbons. The plaintiff in error sued out an attachment against John McGinnis, and summoned John C. Morton as garnishee, Morton answered, denying any indebtedness to the defendant in attachment, and stating that he had executed three promissory notes to the wife of the defendant, which had been transferred to O’Grady, the defendant in error.
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Error to the Circuit Court of Mobile. Tried before the Hon. Lyman Gibbons. The plaintiff in error sued out an attachment against John McGinnis, and summoned John C. Morton as garnishee, Morton answered, denying any indebtedness to the defendant in attachment, and stating that he had executed three promissory notes to the wife of the defendant, which had been transferred to O’Grady, the defendant in error. O’Grady was thereupon summoned as transferree, and an issue was made up between him and the plaintiff in attachment to try the right of said notes. On the trial it was proved, that the notes…
1Opinion of the CourtGoldthwaite, J.
That a note payable to the wife is, in legal effect, a note payable to the husband, and as a necessary consequence can be transferred by his act alone, is, as a general proposition, well settled. There are, however, exceptions to this rule, and cases may exist in which the wife is authorized to take notes as if a single woman; and in such case, it follows that the title would pass by her endorsement. According to tho later English decisions, this can only happen when the husband is civilly dead, or his absence is involuntary, as when he is an alien enemy.—8 Term 547; 2 B. & P. 226; Begget v.…
2Cases cited4 opinions
- Commissioners of Roads & Revenue v. ThompsonSupreme Court of Alabama · 1848
- Roland v. LoganSupreme Court of Alabama · 1850
- Arthur v. BroadnaxSupreme Court of Alabama · 1842
- Church v. LandersNew York Supreme Court · 1833
3Cited by6 opinions
- Robinson & Co. v. GreeneSupreme Court of Alabama · 1906
- Warren v. WagnerSupreme Court of Alabama · 1883
- Gimon v. TerrellSupreme Court of Alabama · 1861
- Goldfield v. Brewbaker Motors, Inc.Alabama Court of Appeals · 1951
- Bradford v. BarclaySupreme Court of Alabama · 1863
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