Bates v. Bank of the State
Supreme Court of Alabama
This was an action, commenced by motion, by the defendants in error, against the plaintiffs in; error, as drawer and endorser of a bill of exchange for four thousand six hundred and thirty-two dollars and seventy-five cents. The defendants appeared, and pleaded — first, Non-assumpsit.
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This was an action, commenced by motion, by the defendants in error, against the plaintiffs in; error, as drawer and endorser of a bill of exchange for four thousand six hundred and thirty-two dollars and seventy-five cents. The defendants appeared, and pleaded — first, Non-assumpsit. Second, That the plaintiff was indebted to him in the sum of seventy-nine thousand six hundred and thirty-two dollars and seventy-five cents —a part of which they offered to set off against the plaintiff’s demand. And, third, A special plea, as follows : And, for further plea in this behalf, said defendants say…
1DissentGoldth Waite, J.
dissenting. — In the present case, my judgment leads me to a conclusion essentially different from that of my colleagues. I may remark, before entering'upoti the examination of the question, in the solution of which we differ, that on all the other points, I yield fiiy entire concurrence wdth the opinion expressed by the other members of the Court. Indeed, as to the point on which I dissent, I almost doubt whether my mind has been capable to comprehend the true bearings of this case;1 as it leads me to a conclusion, so opposite to that of those, for whose judgments I entertain the utmost…
2Cases cited1 opinion
- Taylor v. Miami Exporting Co.Ohio Supreme Court · 1831