Carroll v. Malone
Supreme Court of Alabama
Appeal from tbe Chancery Court of Franklin. Heard before tbe Hon. A. J. Walker. This bill was filed by George W. Carroll against Goodloe W. Malone and John L. Malone. Tbe material facts of tbe case are stated in tbe opinion of tbe court.
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Appeal from tbe Chancery Court of Franklin. Heard before tbe Hon. A. J. Walker. This bill was filed by George W. Carroll against Goodloe W. Malone and John L. Malone. Tbe material facts of tbe case are stated in tbe opinion of tbe court. On final bearing, on pleadings and proof, tbe chancellor dismissed tbe bill; and bis decree is now assigned as error. 1. Independent of our statute in reference to tbe assignment of bills, bonds, &c., Carroll would be entitled to tbe i\e-lief- sought by Ms bill. The suit of Malone v. Carroll was founded on Carroll’s bonds, payable to Clark T. Barton. These…
1Opinion of the CourtStone, J.
The bill in this case was filed to obtain the benefit of an equitable set-off. The important points made by the pleadings and proofs are, that Carroll executed his notes to Clark T. Barton, for near $9,000, dated and due January 1, 1847; that when these notes were over due, viz., not earlier than February, nor later than April, 1847, Barton traded and endorsed said notes to Goodloe W. Malone, in part payment of a pre-existing debt, and soon after this, Goodloe W. Malone traded and endorsed them to John L. Malone, likewise in part payment of a pre-existing debt; that Carroll incurred…
2Cases cited17 opinions
- Brashear v. WestSupreme Court of the United States · 1833
- Gay v. GayNew York Court of Chancery · 1843
- McCauley v. StateSupreme Court of Alabama · 1855
- Tuscumbia, Courtland & Decatur Rail Road v. RhodesSupreme Court of Alabama · 1845
- Carpenter v. DevonSupreme Court of Alabama · 1844
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3Cited by26 opinions
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- Webb v. Webb's HeirsSupreme Court of Alabama · 1857
- Barrett v. Odom, May and DeBuysSupreme Court of Alabama · 1984
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
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