Finn v. Barclay
Supreme Court of Alabama
Error to the Chancery Court of Talladega. Before the Hon. D. G. Ligón, Chancellor. The bill in this case, filed by the plaintiffs in error, alleges that on the 23d September, 1844, they executed a note to Joseph N. Savery, one of the defendants, for $160, payable on the 4th day of March, 1845, provided James K. Polk, of Tennessee, should be elected to the presidency of the United States previous to that date, &c: that Finn was the principal, and Dulaney his security, in said…
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Error to the Chancery Court of Talladega. Before the Hon. D. G. Ligón, Chancellor. The bill in this case, filed by the plaintiffs in error, alleges that on the 23d September, 1844, they executed a note to Joseph N. Savery, one of the defendants, for $160, payable on the 4th day of March, 1845, provided James K. Polk, of Tennessee, should be elected to the presidency of the United States previous to that date, &c: that Finn was the principal, and Dulaney his security, in said note, and that at the time said note was given, Savery sold said Finn a horse worth $80, for which said Finn gave the…
1Opinion of the CourtDargan, J.
A note, or other security, given on a gaiming consideration, is void under our statute, even in the hands of a bona fide holder, Manning v. Manning, 8 Ala. 138. The note on which the judgment was rendered, was void in the hands of the payee, and equally so when it came to the hands of Barclay. But it is contended, that Barclay should be protected, for the reason, that after he had received it from Rice, as collateral security, to secure a debt due from Rice to him, the makers promised him that they would pay it, and would not take advantage of the illegality of the consideration, and in…
2Cases cited3 opinions
- Metcalfe v. City of SeattleWashington Supreme Court · 1890
- Manning v. MannningSupreme Court of Alabama · 1845
- Givens v. RogersSupreme Court of Alabama · 1847
3Cited by13 opinions
- Peet & Co. v. HatcherSupreme Court of Alabama · 1895
- Kelly's Heirs v. AllenSupreme Court of Alabama · 1859
- Carroll v. MaloneSupreme Court of Alabama · 1856
- Thomason v. DillSupreme Court of Alabama · 1857
- Fuller v. HollisSupreme Court of Alabama · 1876
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