Jones v. Blair
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. H. D. Clayton. This action was brought by the appellee against U. L. Jones and Willis C. Wood, joint makers of a promissory note, of which said appellee, Blair, was the owner. The defendant, U. L. Jones, pleaded as a set-off a note held by him and a copartner, one Blackman, drawn by plaintiff in favor of the President and Directors of the Mobile and Girard Railroad Company.
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Appeal from the Circuit Court of Pike. Tried before the Hon. H. D. Clayton. This action was brought by the appellee against U. L. Jones and Willis C. Wood, joint makers of a promissory note, of which said appellee, Blair, was the owner. The defendant, U. L. Jones, pleaded as a set-off a note held by him and a copartner, one Blackman, drawn by plaintiff in favor of the President and Directors of the Mobile and Girard Railroad Company. The plaintiff introduced in evidence the note sued upon, and defendant introduced the note drawn by Blair, which the evidence shows was the joint property of…
1Opinion of the CourtStone, J.
1. A set-off, to be available, must be owned’ by defendant in absolute right, at the time suit is brought. It is not enough that, together with another partner, the defendant owns the claim. It must be such demand as that he, in his own name, or in the names of the defendants sued,, without bringing in the name of a stranger to the suit, may maintain an action of debt or indebitatus assumpsit upon it,, against the party, or all the parties suing, as the case may be. Less than this is not mutuality; Ownership at the time of suit brought is of the very essence of the right.—Bowen v. Snell, 11…
2Cases cited6 opinions
- Johnson v. KingSupreme Court of Alabama · 1852
- Taylor v. BassSupreme Court of Alabama · 1843
- Bowen v. SnellSupreme Court of Alabama · 1847
- McDade v. MeadSupreme Court of Alabama · 1850
- Adams v. McGrewSupreme Court of Alabama · 1841
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Manning v. MaroneySupreme Court of Alabama · 1888
- St. Louis & Tennessee River Packet Co. v. McPetersSupreme Court of Alabama · 1899
- Wood v. SteeleSupreme Court of Alabama · 1880
- Sullivan v. NicoulinSupreme Court of Iowa · 1901
- Bank of Anderson v. AllenSupreme Court of South Carolina · 1928
7 more not listed; retrieve them via the Exa API.