Penny v. Corey
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Heard before Hon. John C. Eyster, Special Judge. Action by Lorenzo Corey against .James E. Penney. From a judgment for plaintiff, defendant appeals. • In this action plaintiff sued defendant upon 36 prommissory notes each for $25, bearing interest from date, payable annually. He formerly had brought suit against Penney on 26 similar notes each for $25, and in separate counts suing for the annual interest due on the^sáid 36 notes not sued on.
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Appeal from Morgan Circuit Court. Heard before Hon. John C. Eyster, Special Judge. Action by Lorenzo Corey against .James E. Penney. From a judgment for plaintiff, defendant appeals. • In this action plaintiff sued defendant upon 36 prommissory notes each for $25, bearing interest from date, payable annually. He formerly had brought suit against Penney on 26 similar notes each for $25, and in separate counts suing for the annual interest due on the^sáid 36 notes not sued on. In that former suit Penney pleaded that the notes sued on were given in consideration of the sale by Corey, to Penney…
1OpinionAndebson, J.
(On rehearing.) — The foregoing opinion Avas adopted upon a misconception of the plea in*622terposed in the former suit, which we find upon reconsideration to he one of “failure of consideration” instead of recoupment. This question has been fully discussed in a learned opinion rendered by Elliott, J„ .of the supreme court of Indiana, in the case of Felton v. Smith, 88 Ind. 149, 45 Am. Rep. 454, and as it is so very applicable to the case at bar we quote approvingly therefrom : ,
“The four assignments were as many separate and distinct causes of action, upon each of which an action might be…
2Cases cited16 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Russell v. PlaceSupreme Court of the United States · 1877
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
- Davis v. BrownSupreme Court of the United States · 1877
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