Cox v. Robinson
Supreme Court of Alabama
This was an action of debt, instituted by Robinson in Madison Circuit court, against Joshua Cox, and Bartley Cox his surety. The cause of action, was a bond executed by the latter, and made payable to James Powell. Both defendants pleaded payment.
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This was an action of debt, instituted by Robinson in Madison Circuit court, against Joshua Cox, and Bartley Cox his surety. The cause of action, was a bond executed by the latter, and made payable to James Powell. Both defendants pleaded payment. The record disclosed the following facts : Robinson, the plaintiff, being resident at Richmond, where the bond of defendants was payable, J. Cox, forwarded to the former his bill of exchange, with instructions to negotiate the same, and, with the proceeds, discharge the bond ; that Robinson, on the reception of the bill, indorsed it, (being payable…
1Opinion of the CourtSaffold, J.
The action was debt, brought in'the Circuit court of Madison county, by Robinson against Joshua and Bartley Cox, dated 5th April, 1825, drawn in favor of James Powell, payable 15th September then next, at the Richmond Branch of the U. States Bank, for four thousand six hundred dollars.
*94Both the defendants plead payment: B. Cox also, that he was bound only as the security of J. Cox, who before the institution of the suit, without his concurrence or privity, drew on T. A. Ronalds, in favor of Robinson, for a larger amount, inclosed the bill to him, with instructions that he would use it in…
2Cases cited1 opinion
- Huff v. CampbellSupreme Court of Alabama · 1828
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- Blake v. McCarthyMississippi Supreme Court · 1879