Cogburn v. McQueen
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before Hon. Thos. M. Arrington. The suit was commenced by summons and complaint on the 20th day of April, 1868, and was founded on a bill of exchange for $1385.66; which was drawn by a John H. Cogburn, in his lifetime, on and accepted by one Carr, and indorsed by said Carr to John W. McQueen, the plaintiff in the court below.
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Appeal from the City Court of Montgomery. Tried before Hon. Thos. M. Arrington. The suit was commenced by summons and complaint on the 20th day of April, 1868, and was founded on a bill of exchange for $1385.66; which was drawn by a John H. Cogburn, in his lifetime, on and accepted by one Carr, and indorsed by said Carr to John W. McQueen, the plaintiff in the court below. After the making of the bill of exchange, said John H. Cogburn died ; and said Nancy Cogburn was duly appointed the administratrix of his estate; and in this character she is sued by McQueen, in this action. In answer to…
1Opinion of the CourtB. F. Saffold, J.
The appellant was sued by the appellee in 1866 on a bill of exchange, drawn by A. G. Carr, on, and accepted by her intestate, John H. Cogburn, payable twelve months after date to the order of Carr, who endorsed it to the plaintiff.
She pleaded seven pleas. Issue was joined on the first two, and a demurrer to the remainder was sustained. The bill was the evidence on the part of the plaintiff. The defendant introduced proceedings of the probate court, showing, among other things, her appointment as administratrix, *565a citation to her, at the instance, of Nicholson, one of her sureties, to give a…
2Cases cited3 opinions
- Matthews v. DouthittSupreme Court of Alabama · 1855
- Speight v. KnightSupreme Court of Alabama · 1847
- Ragland v. King's Adm'rSupreme Court of Alabama · 1860
3Cited by8 opinions
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Milbra v. Sloss-S. S. & I. Co.Supreme Court of Alabama · 1913
- Coker v. CokerSupreme Court of Alabama · 1922
- Lowery v. DanielSupreme Court of Alabama · 1893
- Bean v. ChapmanSupreme Court of Alabama · 1878
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