Lowrey v. Murrell
Supreme Court of Alabama
In error from the Circuit Court of Pike. Lowry was indebted to Murrell in the sum of one hundred dollars, In part payment of this debt, the former paid to the latter, two notes of twenty dollars each, on one of the Banks in Georgia.
Read the full summary
In error from the Circuit Court of Pike. Lowry was indebted to Murrell in the sum of one hundred dollars, In part payment of this debt, the former paid to the latter, two notes of twenty dollars each, on one of the Banks in Georgia. Murrell after-wards brought his action against Lowry before a J us-tice of the Peace, for the amount of the notes, and recovered judgment, on tho ground, that the notes were on a Bank that had stopped payment, Lowry took the case before the Circuit Court, where a trial was had on the issues of non-assumpsit and payment Lowry requested the Court to instruct the…
1Opinion of the Court
By Mr. Chief-Justice Saffold :
Murrell brought his action before a Justice, to., recover forty dollars of Lowry, and obtained judgment accordingly. Lowry appealed to the Circuit Court, where a trial was had on the issues of non-assumpsit" and payment.
*282It appears by bill of exceptions, that Murrell had lent to Lowry one hundred dollars, in payment, of which sum, Lowry, in part satisfaction, paid two bills on one of the Banks in Georgia, of twenty dollars each; that several months after the institution of the suit before the magistrate, the Bank appéared to have stopped payment: the particular…
2Cases cited1 opinion
- Rew v. BarberNew York Supreme Court · 1824
3Cited by6 opinions
- Waring v. LewisSupreme Court of Alabama · 1875
- Bankhead v. OwenSupreme Court of Alabama · 1877
- Van Hoose v. BushSupreme Court of Alabama · 1875
- Green v. SizerMississippi Supreme Court · 1866
- Williams v. CostelloSupreme Court of Alabama · 1891
1 more not listed; retrieve them via the Exa API.