Sawyer v. Bradford
Supreme Court of Alabama
ERROR to the Circuit Court of Shelby. Assumpsit in the court below, by the defendant in error, as as-signee of a promissory note made by one Drury Sawyer, and the plaintiff in error as his surety, payable to one Robert C. Wilson. The declaration is in the usual form on the note.
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ERROR to the Circuit Court of Shelby. Assumpsit in the court below, by the defendant in error, as as-signee of a promissory note made by one Drury Sawyer, and the plaintiff in error as his surety, payable to one Robert C. Wilson. The declaration is in the usual form on the note. The defendant pleaded, 1. Non-assumpsist. 2. Payment— 3. That one John Patterson, as assignee of Wilson, the payee in the note, at the July term, 1839, of Talladega county court, recovered a judgment on the promissory note now sued on, against D. Sawyer — that the defendant was merely the surety of D. Sawyer, and that…
1Opinion of the CourtOrmond, J.
The. same questions are presented upon the demurrer to the pleas, and upon the bill of exceptions; we shall, therefore, decide upon the legal effect of the facts, without reference to the frame of the pleas.
The facts set out in the third plea, constitute no defence to the action. The direction to the sheriff to stay the execution, was without consideration, and might have- been countermanded at any time. It did not, therefore, interpose any obstacle to the *574payment of the debt by the surety, when he could have proceeded against his principal.
Wé understand the defence set up in the fourth plea…
2Cases cited1 opinion
- Harper v. HowardSupreme Court of Alabama · 1842
3Cited by11 opinions
- Summerhill v. TappSupreme Court of Alabama · 1875
- Sawyer's Adm'r v. PattersonSupreme Court of Alabama · 1847
- Joyce v. CockrillCourt of Appeals for the Sixth Circuit · 1899
- State Bank v. EdwardsSupreme Court of Alabama · 1852
- Wilson v. IsbellSupreme Court of Alabama · 1871
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