Drew v. Hayne
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the 19th District. The case made by the bill is this: In August, 1842, Drew purchased from Hayne a horse, under the agreement that he should be allowed to return him within three months, if he went lame of a certain defect, or failed in riding; in which events Hayne was to take the horse back and return the note given for it. On this contract, Drew executed his note for f 125, with one Wm. B. Goodgame as surety.
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Writ of Error to the Court of Chancery for the 19th District. The case made by the bill is this: In August, 1842, Drew purchased from Hayne a horse, under the agreement that he should be allowed to return him within three months, if he went lame of a certain defect, or failed in riding; in which events Hayne was to take the horse back and return the note given for it. On this contract, Drew executed his note for f 125, with one Wm. B. Goodgame as surety. When the contract was made, no one was present but Drew, Hayne and Gooclgame. After a few days use, the horse was lame, from the particular…
1Opinion of the CourtGoldthwaite, J.
The principle which induced the Chancellor to dismiss the bill, is one entirely familiar in this Court, haviilg been frequently acted on. A party cannot be heard to insist, in a Court of Equity, upon a defence which could properly have been interposed in the Court of Law, unless he has been prevented from using it by fraud, or accident, or the act of the opposite party, unmixed with fault or negligence on his own part. [French v. Garner, 7 Porter, 549; Cullum v. Casey, 1 Ala. Rep. N. S. 357; Lee v. Col. Bank, 2 Ib. 21.]
"Here it appears that the party was perfectly advised of his *440defence, but…
2Cases cited3 opinions
- French v. GarnerSupreme Court of Alabama · 1838
- Arnold v. SheppardSupreme Court of Alabama · 1844
- Jackson v. HughesSupreme Court of Alabama · 1844
3Cited by4 opinions
- Norman v. BurnsSupreme Court of Alabama · 1880
- Powell v. StewartSupreme Court of Alabama · 1850
- Norris v. CottrellSupreme Court of Alabama · 1852
- Governor v. BarrowSupreme Court of Alabama · 1848