Kennedy v. Manship
Supreme Court of Alabama
Writ of error to the Circuit Court of Wilcox County. ACTION of assumpsit by Kennedy as the endorser against Manship and two others, as the makers of a promissory note: pleas non-assumpsit, payment, and set off. The note sued on was payable to one Burton, and by him endorsed to one Hanks, and by him endorsed to Kennedy. At the trial, the defendant, Manship offered a note made by Hanks to one Holly or bearer, dated 2Sth August, 1837, due, and belonging to Manship.
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Writ of error to the Circuit Court of Wilcox County. ACTION of assumpsit by Kennedy as the endorser against Manship and two others, as the makers of a promissory note: pleas non-assumpsit, payment, and set off. The note sued on was payable to one Burton, and by him endorsed to one Hanks, and by him endorsed to Kennedy. At the trial, the defendant, Manship offered a note made by Hanks to one Holly or bearer, dated 2Sth August, 1837, due, and belonging to Manship. This note was admitted in evidence against the. objection of Kennedy, and the Circuirt Court instructed the jury that if this note…
1Opinion of the CourtGoldthwaite, J.
— The principal question to which our attention has been called, arose in the case of Stocking v. Toulmin, (3. Stewart-and Porter 35,) and this Court then determined that the maker of a note could not be permitted to set-off a demand against an intermediate endorser. This case differs from that, as the charge, of the Circuit Court assumes *44that evidence was before the jury of an express arrangement between the parties that one note should be set-off against the other; and from this circumstance the present case is somewhat similar to that of Farnsworth v. Richardson, (1. Stewart 55,) in which…
2Cited by8 opinions
- Davis v. NelighNebraska Supreme Court · 1878
- Goldthwaite v. National BankSupreme Court of Alabama · 1880
- McKenzie v. Hunt & AndrewsSupreme Court of Alabama · 1858
- Sykes v. LewisSupreme Court of Alabama · 1850
- Frowein v. Calvird & LewisMissouri Court of Appeals · 1898
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