Spence v. Barclay
Supreme Court of Alabama
Writ of Error to the Circuit Court of Talladega. This was an action of assumpsit, at the suit of the defendant in efror against the plaintiff, to recover money which had been paid by the former, but for which the latter was primarily liable.
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Writ of Error to the Circuit Court of Talladega. This was an action of assumpsit, at the suit of the defendant in efror against the plaintiff, to recover money which had been paid by the former, but for which the latter was primarily liable. From a bill of exceptions sealed at the trial, it appears that the plaintiff below produced a promissory note made by Simeon Douglass, on the 18th Dec. 1839, for the payment of three hundred and twenty-two dollars and fifty cents, one hundred and twenty days after date, to the order of the defendant, “ for value received, negotiable and payable at the…
1Opinion of the CourtCollier, C. J.
In Brahan & Atwood v. Ragland, et al. 3 Stew. Rep. 247, and several subsequent decisions, it is held that the doctrine of contribution does not apply as between accommodation indorsers, unless there was an express or implied agreement to bear parts of the loss as joint sureties, in the event of the inability of the maker, or drawer to pay. The record in the present case does not show whether the parties were indorsers for value, but if necessary to indulge presumptions, such would be the natural inference. This, however, is immaterial, for in the absence of an express or implied agreement…
2Cases cited1 opinion
- Brahan & Atwood v. RaglandSupreme Court of Alabama · 1830
3Cited by4 opinions
- United States Fidelity & Guaranty Co. v. Yeilding Bros.Supreme Court of Alabama · 1932
- Moody v. FindleySupreme Court of Alabama · 1869
- Stodder v. CardwellSupreme Court of Alabama · 1852
- Gillespie v. CampbellU.S. Circuit Court for the Northern District of Illnois · 1889