Kennon v. M'Rea
Supreme Court of Alabama
This was an action of Assumpsit in Tuskaloosa Circuit Court commenced by McRea against Ken-non. The plaintiff declared against the defendant, as indorser of a promissory note, drawn by one Long-mire, in favor of one Shaw, and by him endorsed to the defendant. The plaintiff was the indorsee of one Fuller; who was the indorsee of Kennon.
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This was an action of Assumpsit in Tuskaloosa Circuit Court commenced by McRea against Ken-non. The plaintiff declared against the defendant, as indorser of a promissory note, drawn by one Long-mire, in favor of one Shaw, and by him endorsed to the defendant. The plaintiff was the indorsee of one Fuller; who was the indorsee of Kennon. On the trial, Fuller, the indorser of the plaintiff was introduced as a witness to prove, that the defendant had promised to pay him the amount of the note. It appeared that there had previously been entered on the minutes of the Court, a release on the part of…
1Opinion of the Court
By Mr. Chief-Justice Saffold :
Assumpsit was brought by McRea as indorsee, against Kennon as indorser of a promissory note. The note was made by one Longmire, payable to Shaw, who indorsed it to Kennon, who endorsed it to one Ezekiel Fuller, who endorsed it to McRea, the plaintiff below.
■ At a term of the Court previous to that at which the final trial was had, and at which there was a mistrial, an entry appears to have been made on the minutes, as follows: “ Came the parties by their attorneys, and the plaintiff released, in open Court, Ezekiel Fuller, from any' responsibility or liability in…
2Cited by1 opinion
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