Mooring v. Mobile Marine Dock & Mutual Insurance
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex’. MoKinstet. This action was brought by the appellee against Jacob B. Walker, James A. Mooring, and S. G. Stone, “to recover the sum of §110 68, duo by open account on the 21st February, 1853, lor work, labor, and materials furnished, at the request of defendants, in and about Llio repairs and fitting up of a certain steamboat, called the ‘Frank Lyon’, the-property of said defendants ; also, the sum of §451,…
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Appeal from the City Court of Mobile. Tried before the Hon. Alex’. MoKinstet. This action was brought by the appellee against Jacob B. Walker, James A. Mooring, and S. G. Stone, “to recover the sum of §110 68, duo by open account on the 21st February, 1853, lor work, labor, and materials furnished, at the request of defendants, in and about Llio repairs and fitting up of a certain steamboat, called the ‘Frank Lyon’, the-property of said defendants ; also, the sum of §451, the premium of insurance duo and payable from defendants to plaintiff on the 4th Alpril, 1853, in respect of said…
1Opinion of the CourtRice, J.
The negotiable note of a debtor is not payment of a pre-existing debt, nor of a debt created at the time it is given, unless there is an agreement to receive it as payment. In the absence of any such agreement, if such note is not duly paid, and the creditor is ready to return it, he may enforce by action the original debt or consideration. In every such action, when the creditor at the trial produces such note, and offers to surrender it, the true question is, whether there was any agreement whatever to accept the note as a payment of the debt due to the plaintiff. — Abercrombie v. Moseley,…
2Cases cited1 opinion
- Scott v. MyattSupreme Court of Alabama · 1854
3Cited by16 opinions
- Lane & Bodley Co. v. JonesSupreme Court of Alabama · 1885
- Perry Insurance & Trust Co. v. FosterSupreme Court of Alabama · 1877
- Smith v. PittsSupreme Court of Alabama · 1910
- May v. GambleSupreme Court of Florida · 1874
- Mobile Life Insurance v. RandallSupreme Court of Alabama · 1881
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