James v. Bank of the State of Alabama
Supreme Court of Alabama
Error to the Chancery Court of Tuscaloosa. Tried before the Hon. W. W. Mason. 1. The agreement was made upon good consideration and \yas obligatory on the bank.
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Error to the Chancery Court of Tuscaloosa. Tried before the Hon. W. W. Mason. 1. The agreement was made upon good consideration and \yas obligatory on the bank. The agreement of Boykin after his discharge, and his compliance with it by the payment of one third of the, sum due on the bill, and the curtailment on his note after his discharge as a banhruqjt, was a good consideration. 2. The plaintiffs, being mere accommodation, drawers and endorsers, are entitled to the, benefit of this agreement and to have it enforced. This can only be done in chancery, because the plaintiffs, not being…
1Opinion of the CourtChilton, J.
This was a bill filed'on the llth May 1847, by Lorenzo and Robert D. James, to enjoin a judgment recovered against them in some court, the proceedings do not show in what, in favor of the defendant in error, for the sum of sixteen hundred and eighty-five dollars and costs of' suit, upon which judgment an execution was then in the hands of the sheriff of Clarke county, for the sum of eight hundred and eighty-four, 20-100 dollars and interest, being the balance due thereon after allowing certain credits, &c. The bill avers that this judgment was rendered on a bill of exchange' drawn by the…
2Cases cited1 opinion
- Rosevelt v. DaleCourt for the Trial of Impeachments and Correction of Errors · 1823
3Cited by5 opinions
- Levison v. StateSupreme Court of Alabama · 1875
- Cowan & Co. v. SappSupreme Court of Alabama · 1886
- Louisville & Nashville Railroad Co. v. SolchenbergerSupreme Court of Alabama · 1960
- AnonymousSupreme Court of Alabama · 1859
- Louisville & Nashville Railroad Co. v. SolchenbergerSupreme Court of Alabama · 1960