Von Pheel v. Connally
Supreme Court of Alabama
Error to the Circuit court of Madison county. Assumpsit on note. Von Pheel & McGill brought an action on a note drawn by Connally & Anderson, payable to Wellman, or order, and by Wellman assigned to plaintiffs, to which defendants plead as an off-set, an open account, owing to them by Wellman & Dear, partners, &c. due before notice of the assignment of the note.
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Error to the Circuit court of Madison county. Assumpsit on note. Von Pheel & McGill brought an action on a note drawn by Connally & Anderson, payable to Wellman, or order, and by Wellman assigned to plaintiffs, to which defendants plead as an off-set, an open account, owing to them by Wellman & Dear, partners, &c. due before notice of the assignment of the note. To this plea, plainiffs demurred, but their demurrer was overruled by the Circuit court, and judgment rendered for defendants. All of which was assigned for error.
1Opinion of the CourtGoldthwaite, J.
The counsel for the defendants in error, has very properly conceded, that the plea of set-off, interposed as a defence to this action, must he sustained, if at all, by an equitable construction of the 8th section of the act of the thirteenth of February, eighteen hundred and eighteen, entitled “ an act for the better regulation of judicial proceedings.”
This section is in these words: “ whenever any cause of action may exist, against two or more partners, of any denomination whatever, it shall be lawful to prosecute an action against any one or more of them; and when a writ shall be issued…
2Cases cited1 opinion
- Marr's v. Southwick, Cannon & WarrenSupreme Court of Alabama · 1835
3Cited by12 opinions
- First Nat. Bank of Abbeville v. CappsSupreme Court of Alabama · 1922
- R. W. Smith & Co. v. Mallory's Ex'rSupreme Court of Alabama · 1854
- Travis v. TarttSupreme Court of Alabama · 1845
- Ross v. PearsonSupreme Court of Alabama · 1852
- Drennen v. Gilmore Bros.Supreme Court of Alabama · 1901
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