Moody v. Findley
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. Wm. S. Mudd. The appellant, Washington Moody, having commenced suit against Nelson Davenport, in the circuit court of Tuskaloosa, obtained process of garnishment against Murchison Findley, the appellee, who answered, denying any indebtedness to the defendant, said Davenport.
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Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. Wm. S. Mudd. The appellant, Washington Moody, having commenced suit against Nelson Davenport, in the circuit court of Tuskaloosa, obtained process of garnishment against Murchison Findley, the appellee, who answered, denying any indebtedness to the defendant, said Davenport. The appellant contested the answer and tendered the following issue : “ That the garnishee was indebted to the defendant because the said defendant, Davenport, and the garnishee, had severally endorsed a bill of exchange drawn by David L. Durden on…
1Opinion of the CourtB. F. Saffold, J.
It has been frequently decided by this court, that accommodation endorsers, as between themselves, are liable in the order in which they endorse, unless there is some agreement, express or implied, to be liable otherwise.—Abercrombie et al. v. Conner, 10 Ala. 293; Spence v. Barclay, 8 Ala. 581; Brahan & Atwood v. Ragland et al., 3 Stew. Rep. 247. It was held in Stodder, Ex’r, v. Cardwell, 20 Ala. 223, that an accommodation endorser of a bill of exchange was not entitled to a summary judgment, on motion against his principal, under the act of 1821, Clay’s Dig. 531, § 3, because it would…
2Cases cited4 opinions
- Abercrombie v. ConnerSupreme Court of Alabama · 1846
- Brahan & Atwood v. RaglandSupreme Court of Alabama · 1830
- Spence v. BarclaySupreme Court of Alabama · 1845
- Stodder v. CardwellSupreme Court of Alabama · 1852
3Cited by4 opinions
- United States Fidelity & Guaranty Co. v. Yeilding Bros.Supreme Court of Alabama · 1932
- Wilson v. IsbellSupreme Court of Alabama · 1871
- Gillespie v. CampbellU.S. Circuit Court for the Northern District of Illnois · 1889
- Gafford v. TittleSupreme Court of Alabama · 1932