McWhorter v. Bluthenthal & Bickert
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. J. C. Richardson. Action by Bluthenthal & Bickert against R. S. Mc-Whorter on a promissory note executed by defendant.
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. J. C. Richardson. Action by Bluthenthal & Bickert against R. S. Mc-Whorter on a promissory note executed by defendant. The defendant pleaded the general issue and payment and (by special plea 3 as last amended, and plea 6 as amended) set up “that the consideration or a part thereof for the note sued on was vinous, spirituous or malt liquors, which were sold by plaintiff's .to defendant; that •at the time of said sale there was a laAV in force, prohibiting the sale of such liquors within two miles of the court house at Hayneville,…
1Opinion of the CourtDowdell, J.
The question raised on the demurrer to the third plea as amended and to the sixth plea, was determined on the former appeal in this case. — 131 Ala. 642; 31 So. Rep. 559.
There was evidence tending to show that the debt on open account from the defendant to the plaintiff was not due at the time of the alleged payment of sixty dollars. If this was true, in the absence of an agreement to that effect, the plaintiffs had no right to apply this payment as a credit on the account, but were bound to apply it on the note which was then past due. — Bobe’s Heirs v. Stickney, 36 Ala. 482. The defendant…
2Cases cited2 opinions
- Bobe's Heirs v. StickneySupreme Court of Alabama · 1860
- Bluthenthal & Bickert v. McWhorterSupreme Court of Alabama · 1901
3Cited by9 opinions
- York v. StateAlabama Court of Appeals · 1948
- Fealy v. City of BirminghamAlabama Court of Appeals · 1916
- Louisville & Nashville R. R. v. LileSupreme Court of Alabama · 1908
- Anspacher v. Utterback's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1934
- Furst v. ShowsSupreme Court of Alabama · 1926
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