Mayberry & Co. v. Morris
Supreme Court of Alabama
Appeal from Henry Circuit Court. Tried before Hon. Henry D. Clayton. The appellants, B. Mayberry & Co., at the Spring term, 1876, recovered a judgment against one Wechsler, and, on tbis judgment, they sued out a writ of garnishment, which was served on the garnishee on the 21st of March, 1876, who answered admitting an indebtedness, evidenced by certain bills of exchange, made payable to their order, and by them endorsed in blank, and delivered to Wechsler.
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Appeal from Henry Circuit Court. Tried before Hon. Henry D. Clayton. The appellants, B. Mayberry & Co., at the Spring term, 1876, recovered a judgment against one Wechsler, and, on tbis judgment, they sued out a writ of garnishment, which was served on the garnishee on the 21st of March, 1876, who answered admitting an indebtedness, evidenced by certain bills of exchange, made payable to their order, and by them endorsed in blank, and delivered to Wechsler. The preponderance of the testimony tended to show that these bills of exchange were in the possession of Wechsler at the time of the…
1Opinion of the CourtBrickell, C. J.
The note sought to be subjected by the garnishment, is under the statute negotiable, and governed by the commercial law. — Code of 1876, § 2094. A transfer of it passing the legtfl title, made in good faith, before maturity, founded on a valuable consideration, and without notice, creates in the transferree an original and paramount right of action against the makers, cutting off all legal and equitable defenses to which it may have been subject, while it remained the property of the judgment debtor, to whom it was in the first instance delivered. Its negotiable quality, frqm which results…
2Cases cited12 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Murray v. LardnerSupreme Court of the United States · 1865
- Murray v. LylburnNew York Court of Chancery · 1817
- County of Warren v. MarcySupreme Court of the United States · 1878
- Winston v. WestfeldtSupreme Court of Alabama · 1853
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- Wheeler G. Foshee, Jr. v. Lloyds, New York, an Unincorporated Association, Lloyds, New York, an Unincorporated Association and United States of America, and in Interpleader-Appellees v. Uss Agri-Chemicals, Division of United States Steel Corporation, in Interpleader-Appellants v. Custom Farm Services of Alabama, Inc., Etc., in Interpleader-AppelleesCourt of Appeals for the Fifth Circuit · 1981