Branch of the Bank of the State at Montgomery v. Perdue
Supreme Court of Alabama
THIS was a proceeding by notice and motion, at the suit of the plaintiff in error, against the defendant, in the County Court of Montgomery, to recover of him, as the surety of E. N. & S. Peirce, the amount of a promissory note for the sum of “ twenty one hundred and fifty-one dollars and seventeen cents, with interest from date, under the second section of the act of June, 1837.” The note is dated the 23d September, 1837, and payable on “or before the first of June, 1840.”…
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THIS was a proceeding by notice and motion, at the suit of the plaintiff in error, against the defendant, in the County Court of Montgomery, to recover of him, as the surety of E. N. & S. Peirce, the amount of a promissory note for the sum of “ twenty one hundred and fifty-one dollars and seventeen cents, with interest from date, under the second section of the act of June, 1837.” The note is dated the 23d September, 1837, and payable on “or before the first of June, 1840.” The defendant pleaded: 1. The general issue. 2. That the defendant is a surety, and as such, gave notice to the…
1Opinion of the CourtCollier, C. J.
It has been so often decided, as to be considered the settled law of this Court, that a surety may quicken the diligence of the creditor, by requiring him to put in suit the security by which the debt is evidenced, and if upon such requisition, suit is not brought, and it appears that it might have been made available, the subsequent insolvency of the principal, is a good defence for the surety, even at law. Bruce v. Edwards, 1 Stew. Rep. 11; Herbert & Kyle v. Hobbs & Fennell, 3 Stew. Rep. 9; Goodman v. Griffin, ibid. 160; Gayle v. Randall, 4 Porter’s Rep. 236; Scott v. Bradford, 5 Porter’s…
2Cases cited3 opinions
- Manchester Iron Manufacturing Co. v. SweetingNew York Supreme Court · 1833
- Bruce v. EdwardsSupreme Court of Alabama · 1827
- Herbert & Kyle v. HobbsSupreme Court of Alabama · 1830
3Cited by3 opinions
- Haden v. BrownSupreme Court of Alabama · 1851
- Montgomery v. YarbroughMississippi Supreme Court · 1942
- Brooks v. CarterSupreme Court of Alabama · 1860