Herbert & Kyle v. Hobbs
Supreme Court of Alabama
This was a suit in Chancery, commenced in October, 1827, by N. Herbert and E. G. Kyle, copartners, against John Hobbs, administrator, and Elizabeth H. Fennell, ad-ministratrix of James Fennell, deceased, in the Circuit Court of Madison county.
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This was a suit in Chancery, commenced in October, 1827, by N. Herbert and E. G. Kyle, copartners, against John Hobbs, administrator, and Elizabeth H. Fennell, ad-ministratrix of James Fennell, deceased, in the Circuit Court of Madison county. The complainants charge in their bill, that they became securities to a note made in April 3820 by L. Robinson and payable to the defendants in De-i cember, for @1516 57, on which partial payments had" been made; that Robinson died, and in 1824, the complainants feeling uneasy, verbally requested Hobbs to bring suit on ^ n°te *mme(3iately against…
1Opinion of the Court
By JUDGE CRENSHAW.
The bill seeks relief in equity on the supposition that the defence would have been unavailing in the action at law, because the request to sue was not in writing as required by the act of Assembly. a The answer denies that Fennell’s administrators were prevented from bringing suit by reason of any agreement with the administrator of Robinson, and avers that no prejudice or injury has resulted in consequence of any delay to sue, and that Robinson’s estate is in no worse condition than it was at the time of his death. The testimony does not materially contradict the answer,…
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