Robertson v. Breedlove
Supreme Court of Alabama
Error to the Circuit court of Montgomery, Assumpsit upon a promissory note against the maker, tried before Judge Crenshaw. The action was brought by the plaintiff, as bearer — the note being made payable to Thomas W. Breedlove, or bearer, at two days after date, and dated the thirteenth of August, eighteen hundred and thirty-one.
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Error to the Circuit court of Montgomery, Assumpsit upon a promissory note against the maker, tried before Judge Crenshaw. The action was brought by the plaintiff, as bearer — the note being made payable to Thomas W. Breedlove, or bearer, at two days after date, and dated the thirteenth of August, eighteen hundred and thirty-one. The defendant, under the plea of set off, gave in evidence certain notes drawn by the payee of the note sued on — some of which were dated the seventeenth of February, eighteen hundred and thirty-three, and due the twenty-fifth of December thereat-ter. lie also…
1Opinion of the CourtGOLDTUWAITli, J.
— This note is payable to bearer, and is not within Use influence of the act of eighteen *543hundred and twelve — (Aik. Dig. 328, s. 6,) — which allows a defendant the benefit of all payments, discounts, and sets-off, made¿had, or possessed against other notes, previous to notice of the assignment. Such was the construction given to it, in the case. of Robinson vs. Crenshaw; (3 Stewart & Porter, 276,) and the legislature then passed the act of eighteen hundred and thirty-three, (Aik. Dig. 329, s. 18,) which extended the provisions of the first section of the act of eighteen hundred and twelve, to…
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- Pitts v. Shortridge's Admr'sSupreme Court of Alabama · 1845
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