Lehman, Durr & Co. v. Clark
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. This action was brought by Henry W. Clark against the appellants, as the makers of two promissory notes, dated January 1st, 1873, and payable on the 1st January, 1877 and 1878, respectively, to the Masonic Temple Association; and was commenced on the 29th December, 1882. The notes were given in part payment of the defendants’ subscription for stock in said Masonic Temple Association, and the…
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Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. This action was brought by Henry W. Clark against the appellants, as the makers of two promissory notes, dated January 1st, 1873, and payable on the 1st January, 1877 and 1878, respectively, to the Masonic Temple Association; and was commenced on the 29th December, 1882. The notes were given in part payment of the defendants’ subscription for stock in said Masonic Temple Association, and the plaintiff sued as the holder and owner of them. The pleadings were voluminous and complicated, but only two material…
1Opinion of the CourtSomeryille, J.
Tbe main point raised by tbe present record is one involving tbe question of res adjudicaia. It is contended by appellants, that tbeir discharge as garnishees, in tbe garnishment proceeding brought by Wooldridge on tbe judgment obtained by him, for tbe use of Henry W. Clark, against tbe Masonic Temple Association, is a full defense to tbe present suit, wbicb is one brought in tbe name of Clark himself, claiming to be tbe bolder and quasi-owner of tbe notes due by tbe garnishees, Lehman, Durr & Co., for tbeir unpaid stock subscriptions to said Masonic Temple Association.
Tbe facts in tbe…
2Cases cited7 opinions
- Caldwell v. SmithSupreme Court of Alabama · 1884
- Tankersly v. PettisSupreme Court of Alabama · 1881
- McCall v. JonesSupreme Court of Alabama · 1882
- Hill's Adm'r v. Huckabee's Adm'rSupreme Court of Alabama · 1881
- Wood v. SteeleSupreme Court of Alabama · 1880
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3Cited by12 opinions
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- Terrell v. NelsonSupreme Court of Alabama · 1917
- Alabama Terminal & Inprovement Co. v. Hall & FarleySupreme Court of Alabama · 1907
- Schillinger v. LearySupreme Court of Alabama · 1917
- Boyett v. Standard Chemical & Oil Co.Supreme Court of Alabama · 1906
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