Suydam v. Broadnax
Supreme Court of the United States
ON a certificate of division from the Circuit Court of the United States, of the Southern District of Alabama. An action was instituted in the Circuit Court of Alabama by-Henry A. Suydam and William Boyd, against the defendants, as administrators of David Newton, on a promissory note given by him to the plaintiffs.
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ON a certificate of division from the Circuit Court of the United States, of the Southern District of Alabama. An action was instituted in the Circuit Court of Alabama by-Henry A. Suydam and William Boyd, against the defendants, as administrators of David Newton, on a promissory note given by him to the plaintiffs. On the trial of the cause the following questions arose, on which the judges of the Circuit Court were divided, and the same were certified to this Coqrt. 1st. Is the plea that the estate of the said decedent is insolvent, sufficient in law to abate the said action ? 2d. If the…
1Opinion of the CourtJustice Wayne
This case has .been sent to this Court upon a certificate of division of opinion between the judges of the Circuit Court of the Southern District of Alabama.
Suydam and Boyd, partners in trade, citizens of the state of New York, sue the defendants as administrators of David Newton, upon a promissory note given by the intestate to the plaintiff, dated New York, September 1st, 1835, payable in twelve months.
The defendants, as we are left to gather from a most imperfect record — for- the pleadings, except the declaration, are not given— plead in abat .cut of the suit, that the estate represented…
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