Eldridge v. Turner
Supreme Court of Alabama
Writ of Error to the Court of Chancery sitting in Benton. The defendant in error filed his bill against John M. El-dridge, Henry B. Turner and .Tames W. Camp, in which a case is stated substantially as follows : About the third day of November, 1840, the defendant, Turner, executed a note by which he promised to pay to the defendant, Camp, for the benefit of the complainant, the sum of five hundred dollars for value received, which was accepted and received by the payee for…
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Writ of Error to the Court of Chancery sitting in Benton. The defendant in error filed his bill against John M. El-dridge, Henry B. Turner and .Tames W. Camp, in which a case is stated substantially as follows : About the third day of November, 1840, the defendant, Turner, executed a note by which he promised to pay to the defendant, Camp, for the benefit of the complainant, the sum of five hundred dollars for value received, which was accepted and received by the payee for the use expressed upon its face. At the February term of the county court of Tallacfega, holden in 1844, a judgment was…
1Opinion of the CourtCollier, C. J.
We cannot think that the bill in this case is wanting in equity. The inducement of the maker of the note, it is alledged, was not only to obtain the payee’s interest in the horse which they held as joint property, but to lend his aid in promoting the bounty in favor of his son. How far he may have been influenced by the one consideration, or the other, it is impossible to know, nor is it important to inquire; for it is distinctly affirmed, that his purpose in meeting the proposition of the payee was to secure the amount for which the note was given to the complainant. Conceding that Camp’s…
2Cases cited4 opinions
- Brooks v. HarrisonSupreme Court of Alabama · 1841
- Sledge's Adm'rs v. CloptonSupreme Court of Alabama · 1844
- Shrader v. WalkerSupreme Court of Alabama · 1845
- Turner v. EldridgeSupreme Court of Alabama · 1844
3Cited by4 opinions
- Vincent v. RogersSupreme Court of Alabama · 1857
- Binford's Adm'r v. DementSupreme Court of Alabama · 1882
- Armstrong v. State Ex Rel. EmbrySupreme Court of Alabama · 1947
- Donovan v. HaynieSupreme Court of Alabama · 1880