Hutchins v. M'Cann
Supreme Court of Alabama
Error to the Circuit court of Greene county. This was an action of assumpsit by Hutchins, as the endorsee of a promissory note, against the endorser.
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Error to the Circuit court of Greene county. This was an action of assumpsit by Hutchins, as the endorsee of a promissory note, against the endorser. The plea was the general issue, and under it, a verdict was rendered for the defendant. ■ The bill of exceptions stated, that on the trial of the case, and after plaintiff had offered the note sued on in evidence, the defendant introduced John I-Iillhousc, the maker-of the note, who was released by defendant, and who stated that the note was one of a number of small notes, executed by lilm to the defendant, amounting, in the whole, to the sum of…
1Opinion of the Court
OSMOND, J
— It is a principle of law too well settled to be questioned, and indeed is admitted by the counsel for the plaintiff, that in an action by the assignee against the assignor, the-maker having failed to pay, the proper measure of damages is the sum of money which constituted the consideration of the assignment, with interest *98anti With this principle in view, let us examine the transaction. One llilihouse wished to borrow two hundred dollars of t,.e plaintiff, and for that purpose, executed several notes, amounting) in all, to three hundred and nineteen dollars. These notes were made…
2Cited by2 opinions
- Johnson v. FishbeinSupreme Court of Alabama · 1972
- Noble v. WalkerSupreme Court of Alabama · 1858