President, Bank of Mobile v. Poelnitz
Supreme Court of Alabama
Appeal from Mobile Chancery Court. Heard before Hon. H. AUSTILL. The appellee, Charles A. Poelnitz, in November, 1875, filed his bill against the appellant, the President, Directors and Company of the Bank of Mobile, to enjoin prosecution of a pending action at law, brought by it on a promissory note made by the appellee, and others, and payable to Walsh, Smith, Crawford & Co., which note had come into the possession of the Bank, as hereinafter stated.
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Appeal from Mobile Chancery Court. Heard before Hon. H. AUSTILL. The appellee, Charles A. Poelnitz, in November, 1875, filed his bill against the appellant, the President, Directors and Company of the Bank of Mobile, to enjoin prosecution of a pending action at law, brought by it on a promissory note made by the appellee, and others, and payable to Walsh, Smith, Crawford & Co., which note had come into the possession of the Bank, as hereinafter stated. In 1873, one Bruno B. Poelnitz, being indebted to Walsh, Smith, Crawford & Co. for advances to the amount of 966 73-100 dollars, executed his…
1Opinion of the CourtBrickell, C. J.
The statute renders mutual debts, liquidated or unliquidated demands not sounding in damages merely, subsisting between the parties at the time of suit brought the subject matter of set-off. — Code of 1876, § 2991. All contracts in writing for the payment of money or other thing, or for the performance of any act or duty, are assignable by indorsement. Except as to commercial paper, the assignment is subject to all payments, sets-off and discounts, had or possessed against the same previous to notice of the assignment or transfer. — Code of 1876, §§ 2099, 2100. The exception in favor of…
2Cases cited10 opinions
- Tuscumbia, Courtland & Decatur Rail Road v. RhodesSupreme Court of Alabama · 1845
- Carroll v. MaloneSupreme Court of Alabama · 1856
- Sledge v. Swift, Murphy & Co.Supreme Court of Alabama · 1875
- Donelson's Adm'rs v. PoseySupreme Court of Alabama · 1848
- White v. WigginsSupreme Court of Alabama · 1858
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3Cited by6 opinions
- Barrett v. Odom, May and DeBuysSupreme Court of Alabama · 1984
- Manning v. MaroneySupreme Court of Alabama · 1888
- Head v. Southern Development Co.Supreme Court of Alabama · 1993
- Depoyster Lumber Co. v. Commercial Lumber Co.Supreme Court of Alabama · 1925
- Marshall v. A. Shift & SonSupreme Court of Alabama · 1900
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