Sykes v. Lewis
Supreme Court of Alabama
Error to the Circuit Court of Tuscaloosa. Tried before the Hon. John D. Phelan. 1. The plea of set-off’ was good, within the principle decided in Bowen v. Snell, 9 Ala. 4S1. That case establishes that you may aver that a stranger to the record is the owner of the note, and then plead an off-set against him. • That is the principle involved in this cause.
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Error to the Circuit Court of Tuscaloosa. Tried before the Hon. John D. Phelan. 1. The plea of set-off’ was good, within the principle decided in Bowen v. Snell, 9 Ala. 4S1. That case establishes that you may aver that a stranger to the record is the owner of the note, and then plead an off-set against him. • That is the principle involved in this cause. The averment of the plea is, that the note, though on its face payable to Lewis, was never delivered to bim, and that he had no right, title or property in it, but that it was the property of Bagby, to whom on its execution it was delivered.…
1Opinion of the CourtChilton, J.
This was an action of covenant brought by the defendant in error against Benjamin Sykes, as executor of the last will and testament of Benjamin Sykes, deceased, to recover upon a note under seal, whereby the testator in his lifetime “promised, on or before the first day of January 1846, to pay to Richard H. Lewis, (the plaintiff below,) or bearer, two thousand dollars in the paper of the Bank of the State of Alabama, or any of its branches; dated the first of April 1343.” The suit was brought to the use of- William R. Hallett. The defendant below pleaded several pleas, but as no point is…
2Cases cited4 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Roberts v. TrawickSupreme Court of Alabama · 1848
- Bowen v. SnellSupreme Court of Alabama · 1846
- Kennedy v. ManshipSupreme Court of Alabama · 1840
3Cited by4 opinions
- Thompson v. DrakeSupreme Court of Alabama · 1858
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
- Goldthwaite v. National BankSupreme Court of Alabama · 1880
- Henderson v. HaleSupreme Court of Alabama · 1851