Kennon v. M'Rea
Supreme Court of Alabama
Error to the County court of Tuskaloosa county. Assumpsit on a promissory note by endorsee against an endorser! The bill of exceptions stated, that on the trial of the case, plaintiff submitted in evidence, a promissory note, of which the following is a copy, to wit; “ Ten days after date, I promise to pay Alexander Shaw, or bearer, the sum of 1575 00 dollars, for value received, this 4th May, 1825. “ Hannah Longmire.”
Read the full summary
Error to the County court of Tuskaloosa county. Assumpsit on a promissory note by endorsee against an endorser! The bill of exceptions stated, that on the trial of the case, plaintiff submitted in evidence, a promissory note, of which the following is a copy, to wit; “ Ten days after date, I promise to pay Alexander Shaw, or bearer, the sum of 1575 00 dollars, for value received, this 4th May, 1825. “ Hannah Longmire.” On which note were the following endorsements: 1. “ I endorse the within note to William Kennon, for value received, this 6th May, 1825. “ Alexander Shaw.” In which endorsement…
1Opinion of the CourtCollier, C. J.
— 1. The release of Fuller, the endor-ccr of the defendant in error, did not operate a discharge of any previous party to the note. Every endorsement of a paper is a new and substantive contract, and the liability of each endorser, as it respects the holder, is separate and distinct from the others. Hence, a prior endorser, who has paid a note, cannot call upon a suf sequent party for contribution, but can only look to those whose names are previous to his own. Fuller, then, being in r,o event liable to the plaintiff in error, it must be immaterial to the plaintiff, whether the defendant…
2Cases cited5 opinions
- Josselyn v. AmesMassachusetts Supreme Judicial Court · 1807
- May v. CoffinMassachusetts Supreme Judicial Court · 1808
- Hopkins v. LiswellMassachusetts Supreme Judicial Court · 1815
- Course v. Administratrix of ShacklefordSupreme Court of South Carolina · 1820
- Hall v. FreemanSupreme Court of South Carolina · 1820
3Cited by14 opinions
- Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
- Manning v. MaroneySupreme Court of Alabama · 1888
- Kenan v. HollowaySupreme Court of Alabama · 1849
- Herndon v. GivensSupreme Court of Alabama · 1849
- Agee v. MedlockSupreme Court of Alabama · 1854
9 more not listed; retrieve them via the Exa API.