Penny v. Corey
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Heard before Hon. John C. Eyster, Special Judge. Action by Lorenzo Corey against .James E. Penney. From a judgment for plaintiff, defendant appeals. • In this action plaintiff sued defendant upon 36 prommissory notes each for $25, bearing interest from date, payable annually. He formerly had brought suit against Penney on 26 similar notes each for $25, and in separate counts suing for the annual interest due on the^sáid 36 notes not sued on.
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Appeal from Morgan Circuit Court. Heard before Hon. John C. Eyster, Special Judge. Action by Lorenzo Corey against .James E. Penney. From a judgment for plaintiff, defendant appeals. • In this action plaintiff sued defendant upon 36 prommissory notes each for $25, bearing interest from date, payable annually. He formerly had brought suit against Penney on 26 similar notes each for $25, and in separate counts suing for the annual interest due on the^sáid 36 notes not sued on. In that former suit Penney pleaded that the notes sued on were given in consideration of the sale by Corey, to Penney…
1Opinion of the CourtAnderson, J.
By the pleading in the former case defendant sought a recoupment of damages for the breach of the contract of sale, and was awarded the difference between the amount claimed in the notes sued on in the first suit and the amount of the judgment recovered, which was $623, and which said sum is all that is available to the defendant for the breach of the contract of sale. And the defendant having exhausted his counterclaim growing out of said breach of sale, as represented by all of the notes, upon the suit -for the collection of the matured series of notes, cannot now use the *620same breach for…
2Cases cited7 opinions
- South & North Alabama Railroad v. Henlein & BarrSupreme Court of Alabama · 1876
- Brown v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1904
- Clement v. FieldSupreme Court of the United States · 1893
- Mason & Craig v. HeywardSupreme Court of Minnesota · 1859
- McLane v. MillerSupreme Court of Alabama · 1847
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kegan v. Park BankSupreme Court of Missouri · 1928
- Jones v. Marshall-Wells Co.Oregon Supreme Court · 1922
- Corey v. PenneySupreme Court of Alabama · 1910