Pitts v. Shortridge's Admr's
Supreme Court of Alabama
Writ of error to the Circuit Court of Talladega. Assumpsit by Eli Shortridge against Pitts, on a note made by him, payable to one Townsend, and by the latter indorsed to Shortridge.
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Writ of error to the Circuit Court of Talladega. Assumpsit by Eli Shortridge against Pitts, on a note made by him, payable to one Townsend, and by the latter indorsed to Shortridge. The defendant pleaded — 1. Non-assumpsit. 2. Payment. 3. Set off; upon which issue was taken to a jury. 4. That the note sued on was the property of George D. Shortridge, and was not the property of the plaintiff. 5. That previous to the commencement of this suit, the plaintiff had transferred and delivered the said note to one George D. Shortridge, and whilst the same belonged to the said George D. the defendant…
1Opinion of the CourtGoldthwaite, J.
— The assignments of error do not raise some of the questions to which our attention has been called,by the written arguments submitted, and for this reason our opinion will be confined to the demurrer to the fifth plea — the concession that the fourth one is bad, leaves this the only point in the case.
It is unnecessary now to decide, whether, if the note sued on was, in fact, the property of the younger Shortridge, the set off held by the defendant against him, would be admissible, because the plea does not put the defence on this ground; that merely asserts that the note sued on once…
2Cases cited1 opinion
- Robertson v. BreedloveSupreme Court of Alabama · 1838
3Cited by2 opinions
- Goldthwaite v. National BankSupreme Court of Alabama · 1880
- Bostick v. Scruggs' ExecutorsSupreme Court of Alabama · 1873