Garner v. Fite, Porter, Lyles & Co.
Supreme Court of Alabama
Action on Promissory Note, Try Payee against Maher. Appeal from the Circuit Court of Chilton. Tried before the Hon. Jas. E. Dowdell.
Read the full summary
Action on Promissory Note, Try Payee against Maher. Appeal from the Circuit Court of Chilton. Tried before the Hon. Jas. E. Dowdell. This action was brought by Fite, Porter, Lyles & Co., suing as a partnership, against John Garner and his wife, and was commenced on the 4th February, 1888. The action was founded on three promissory notes executed by the defendants, which are not set out in the record, but which are described in the complaint as being for $333.92 each, dated December 15th, 1886, and payable respectively on the 15th September, 15th October, and 15th December, 1889 [1887?] with…
1Opinion of the CourtWalker, J.
— The substance of the matters set forth in the special plea is, that, by the written agreement entered into .some time prior to the execution of the notes sued on, plain*407tiffs and other creditors promised to grant extensions on their claims if all.the creditors would do the same, and if the defendant with his wife would execute their joint notes, waiving exemptions, to the several creditors for the debts due them; that all the creditors did not agree to this arrangement; that, notwithstanding this, defendant with his wife executed and delivered the notes sued on, subject to the terms and…
2Cases cited5 opinions
- Jones v. ShawSupreme Court of Missouri · 1878
- Day v. ThompsonSupreme Court of Alabama · 1880
- Massmann v. HolscherSupreme Court of Missouri · 1871
- Dexter v. OhlanderSupreme Court of Alabama · 1889
- Hargrave v. Melbourne & TroySupreme Court of Alabama · 1888
3Cited by4 opinions
- Davenport & Harris Undertaking Co. v. RobersonSupreme Court of Alabama · 1929
- Colvin v. GoffOregon Supreme Court · 1916
- Town of Brewton v. GlassSupreme Court of Alabama · 1897
- James v. CortrightSupreme Court of Alabama · 1930