Shehan v. Hampton
Supreme Court of Alabama
Writ of Error to the Circuit Court of St. Clair. Assumpsit by Hampton, upon a note payable to him as executor of the estate of Joel Chandler, and made by Shehan, and also by Joel Chandler and one McCoy, neither of whom were sued in this action. The note is dated 16th September, 1840, payable one year after date.
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Writ of Error to the Circuit Court of St. Clair. Assumpsit by Hampton, upon a note payable to him as executor of the estate of Joel Chandler, and made by Shehan, and also by Joel Chandler and one McCoy, neither of whom were sued in this action. The note is dated 16th September, 1840, payable one year after date. With the general issue, the defendant pleaded a plea to this effect, viz: “ The said defendant saith actio non, because he says he is the surety of Joel Chandler, one of the makers of the note sued on, and that he as such surety, at, to-wit, in the county aforesaid, on the 18th day of…
1Opinion of the CourtGoldthwaite, J.
1. To a full understanding of the questions on the demurrer to the plea, it is necesspry to recite the statute on which it is founded. So much as is necessary for this purpose, is in these words : “ When any person shall become bound as security, by bond, bill or note, for the payment of money or any other article, and shall apprehend that his principalis likely to become insolvent, or to migrate from this State, without previousiy discharging such bond, bill, or note, it shall be lawful for such security, in any such case, (provided an order shall have accrued on such bond, bill or note,) to…
2Cases cited3 opinions
- McKenzie v. JacksonSupreme Court of Alabama · 1842
- Manchester Iron Manufacturing Co. v. SweetingNew York Supreme Court · 1833
- Bruce v. EdwardsSupreme Court of Alabama · 1827
3Cited by9 opinions
- Chapman v. HoageSupreme Court of the United States · 1936
- Dunlap v. RobinsonSupreme Court of Alabama · 1856
- Alabama National Bank v. HuntSupreme Court of Alabama · 1899
- Jones v. Ritter's Adm'rSupreme Court of Alabama · 1876
- Fail v. McArthurSupreme Court of Alabama · 1857
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