Carmichael v. Brooks
Supreme Court of Alabama
Error to Madison County court. Assumpsit by endorsee against maker. Brooks, as the assignee of Spencer, instituted suit against Carmichael, in the County of Madison, on an order in writing, of the effect following: “ The sheriff of Limestone county, will pay E. H. Spencer the amount of the judgment of mine against J. S. Hendrick, which is two hundred and seventy-nine dollars, which amount I am due said Spencer; and this order shall be your receipt.
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Error to Madison County court. Assumpsit by endorsee against maker. Brooks, as the assignee of Spencer, instituted suit against Carmichael, in the County of Madison, on an order in writing, of the effect following: “ The sheriff of Limestone county, will pay E. H. Spencer the amount of the judgment of mine against J. S. Hendrick, which is two hundred and seventy-nine dollars, which amount I am due said Spencer; and this order shall be your receipt. This 16th January, 1835. D. Carmichael.” Endorsed— “ The sheriff of Limestone county will pay over, when, collected, the amount of the within…
1Opinion of the CourtGoldthwaite, J.
A very .brief examination will serve to show that the instrument signed by Spencer, and offered in evidence, was rightfully excluded. It purports to be the written admission of Spencer, made on the same day that the order by Carmichael to the sheriff was executed, of a condition in the contract of endorsement, which, if actually made, would discharge Carmichael from all liability to Brooks — he coming to the possession of the order after its dishonor, and being consequently put on enquiry into all the equities existing between the drawer and payee.
When the signature of Spencer was established…
2Cases cited1 opinion
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
3Cited by2 opinions
- Crommelin v. Thiess & Co.Supreme Court of Alabama · 1858
- Bartee v. JamesSupreme Court of Alabama · 1858