Garrett v. Holloway
Supreme Court of Alabama
Error to the Circuit Court of Cherokee. Tried before the Hon. Thomas A. Walker. Assumpsit by Holloway & Malone, as assignees of J. Renneau, against Edward Stiff, William H. Garrett, William Stallings, LaFayette M. Stiff, Jeremiah Murphy, Jesse Martin, John L. Senter, and Wade Hampton, on a note for $150, dated 11th of April, 1850, and payable six months after date to J. Renneau or order.
Read the full summary
Error to the Circuit Court of Cherokee. Tried before the Hon. Thomas A. Walker. Assumpsit by Holloway & Malone, as assignees of J. Renneau, against Edward Stiff, William H. Garrett, William Stallings, LaFayette M. Stiff, Jeremiah Murphy, Jesse Martin, John L. Senter, and Wade Hampton, on a note for $150, dated 11th of April, 1850, and payable six months after date to J. Renneau or order. The suit was discontinued as to Edward Stiff and Jeremiah Murphy, who were not served with process. The pleas were, non assumpsit, want of consideration, failure of consideration, and usury. On the trial, the…
1Opinion of the CourtGoldthwaite, J.
The note sued on was payable to J. Renneau, or order, and the endorsement was in these words: £By written power of attorney, dated 12th of April, 1850, I, transfer, in the name of J. Renneau, the within note to Messrs. Holloway & Malone, 80th July, 1850.
(Signed.) Edward Stiff.”
The recital in the endorsement is, in substance, that the transfer was made in the name of the payee, and by his attorney, and is sufficient to show clearly that it was intended as the act of the principal (Grubbs v. Wiley, 9 S. & M. 29); and when that is the case, it must be held as his act, especially when it is not…
2Cited by5 opinions
- Aikin v. StateSupreme Court of Alabama · 1860
- Humphrey v. BoschungSupreme Court of Alabama · 1971
- Rupert & Cassity v. Elston'sSupreme Court of Alabama · 1859
- Coulter v. HolderSupreme Court of Alabama · 1971
- Louisville N. R. Co. v. HambySupreme Court of Alabama · 1922