Comegys v. Booth
Supreme Court of Alabama
T. W. BooTr~ and W. BELL, filed theirbill in Chancery against Comegys and Pershouse, in Limestone Circuit Court, in 1824, in which they charged that Falconer and Coipegys had obtained a judgment against one Brice l%1. Garner, at September term 1821; that on the 9th of October 1821, said Garner executed an obligation t~ Comegys and Pershouse, to whom the judgment was transferred, for the ~um of ~3O7O 89, payable in cotton on the 15th of January 1822~ to be held by th~m as…
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T. W. BooTr~ and W. BELL, filed theirbill in Chancery against Comegys and Pershouse, in Limestone Circuit Court, in 1824, in which they charged that Falconer and Coipegys had obtained a judgment against one Brice l%1. Garner, at September term 1821; that on the 9th of October 1821, said Garner executed an obligation t~ Comegys and Pershouse, to whom the judgment was transferred, for the ~um of ~3O7O 89, payable in cotton on the 15th of January 1822~ to be held by th~m as collateral security for the payment of the judgment. To thIs bond the complainants, Booth and Bell, became sureties, and it…
1Opinion of the Court
By LIPSCOMB, Chief Justice.
The contract between the agent for the plaintiffs, and Garner, underwent the consideration of this Court, some time ago, in a case between the same plaintiffs and Cox and Harris, the sureties of Garner, in his writ of error bond. On much consideration, it was then unanimously held, that the sureties were discharged, on the principle that a contract founded on a good consideration, giving time to the principal debtor without the consent of his sureties, discharged them from all liability. This doctrine we have since recognized in the case of Ellis v. Bibb, a and we…
2Cases cited1 opinion
- Ellis v. BibbSupreme Court of Alabama · 1829
3Cited by7 opinions
- Knighton v. CurrySupreme Court of Alabama · 1878
- Boyd v. BeckSupreme Court of Alabama · 1857
- White's Adm'r v. Life Ass'n of AmericaSupreme Court of Alabama · 1879
- Cox v. Mobile & Girard RailroadSupreme Court of Alabama · 1861
- Hudson Trust Co. v. ElliottSupreme Court of Alabama · 1915
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