Browning & Co. v. Grady
Supreme Court of Alabama
Error to the Circuit Court of Chambers. Assumpsit by Browning & Co. against John Grady. The declaration counts on two notes made in New York on the 27th of August, 1838, one for $1050 37, payable sixty days after date, -at the Merchants’ Bank at Cheraw, South Carolina, and the other for $1056 41, payable at the same place, ninety days after date. Also, upon money due for goods, &c. —account stated, &c.
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Error to the Circuit Court of Chambers. Assumpsit by Browning & Co. against John Grady. The declaration counts on two notes made in New York on the 27th of August, 1838, one for $1050 37, payable sixty days after date, -at the Merchants’ Bank at Cheraw, South Carolina, and the other for $1056 41, payable at the same place, ninety days after date. Also, upon money due for goods, &c. —account stated, &c. By agreement, the defendant was to have the benefit of special matters of defence as if pleaded. The suit was commenced on the 12th day of September, 1840, and the defendant having afterwards…
1Opinion of the Court
GOLDTHWAITE J.
1. The evidence which the plaintiffs put to the jury in this cause, was probably intended to show their understanding and agreement with Dennis Grady, that the receipt and discharge executed to him by their attorney, was personal to him alone, and was not intended to operate as a discharge to his partner of the same debt. The charge of the circuit court assumes that this receipt, if ratified by the plaintiffs, has the legal effect to discharge the other partner, although the plaintiffs, when ratifying the act of their attorney, were under the impression it discharged Dennis…
2Cases cited1 opinion
- Rice v. MatherNew York Supreme Court · 1829
3Cited by8 opinions
- Webb v. ButlerSupreme Court of Alabama · 1915
- Gray's Executors v. BrownSupreme Court of Alabama · 1853
- Long v. GwinSupreme Court of Alabama · 1918
- Carroll v. CorbittSupreme Court of Alabama · 1877
- First National Bank v. CheneySupreme Court of Alabama · 1896
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