May v. Nabors
Supreme Court of Alabama
Writ of Error to the Court of Chancery for Greene county. The bill in this case was filed by Nabors against May and others, and alleges that in September, 1839, John P. Savage and Asa White executed to Nabors, a writing obligatory, for 166 dollars, payable to him sixty days after date. That in December of the same year, Nabors, then residing in Jefferson county, committed the writing obligatory to one W. H. Patterson for collection, and took his receipt.
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Writ of Error to the Court of Chancery for Greene county. The bill in this case was filed by Nabors against May and others, and alleges that in September, 1839, John P. Savage and Asa White executed to Nabors, a writing obligatory, for 166 dollars, payable to him sixty days after date. That in December of the same year, Nabors, then residing in Jefferson county, committed the writing obligatory to one W. H. Patterson for collection, and took his receipt. This recept describes the writing obligatory, and contains an agreement to collect or return it, reserving twenty-five dollars due from…
1Opinion of the CourtGoldthwaite, J.
It is obvious, from the facts of this case, that a loss must fall on one of two innocent persons; but we entirely concur with the chancellor in the opinion, that the equities of these parties are by no means equal. It was apparent from the writing obligatory, that Nabors had never transferred the legal interest to any one, consequently, any person offering to deal for it, was necessarily put on the inquiry as to the right of the holder. Had the question been asked of Patterson, it is by no means improbable the defendant would, by his answer, have seen he was not authorised to dispose of it.
It…
2Cases cited1 opinion
- Gullett v. LewisSupreme Court of Alabama · 1830
3Cited by3 opinions
- Stephens v. GibbesSupreme Court of Florida · 1873
- Wilkinson v. Bradley, Wilson & Co.Supreme Court of Alabama · 1875
- Dunn v. DunnSupreme Court of Alabama · 1845