Agee v. Medlock
Supreme Court of Alabama
Appeal from the Circuit Court of Monroe. Tried before the Hon. LymaN Gibbons. Assumpsit by “ Eliza Medlock, endorsee,” against the appellants, on a promissory note for $540, executed by Agee, Dumas & Co., of which firm the appellants were partners, payable to Lucius Medlock, or bearer, for value received.
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Appeal from the Circuit Court of Monroe. Tried before the Hon. LymaN Gibbons. Assumpsit by “ Eliza Medlock, endorsee,” against the appellants, on a promissory note for $540, executed by Agee, Dumas & Co., of which firm the appellants were partners, payable to Lucius Medlock, or bearer, for value received. The defendants pleaded, 1st, non assumpsit; 2d, payment; 3d, set-off; 4th, the statute of limitations of six years; 5th, that plaintiff was not, at the commencement of the suit, the legal owner of the note sued on; 6th, that plaintiff is not the owner of the note sued on, and was not at the…
1Opinion of the Court
GOLDTH WAITE, J. —
We can only consider the questions presented upon the refusal of the court to give the charge requested by the appellants, as the exception taken applies to the action of the court on that point alone. — Andrews v. Broughton, 21 Ala. 200; Croft v. Ferrell, 21 ib. 351; Sammis v. Johnson, 22 ib. 690. The plea that the plaintiff was not, at the commencement of the action, the legal owner of the note sued on, was defective, under our decisions, for want of the affidavit required by the statute (Beal v. Snedicor, 8 Porter 523; Jennings v. Cummings, 9 ib. 309; Frazer v. Brownrigg,…
2Cases cited9 opinions
- Olcott v. RathboneNew York Supreme Court · 1830
- Gage v. KendallNew York Supreme Court · 1836
- Kennon v. M'ReaSupreme Court of Alabama · 1838
- Bowen v. SnellSupreme Court of Alabama · 1846
- Cope v. DanielCourt of Appeals of Kentucky · 1840
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Broughton v. MitchellSupreme Court of Alabama · 1879
- Alabama City, G. & A. Ry. Co. v. KyleSupreme Court of Alabama · 1918
- Manning v. MaroneySupreme Court of Alabama · 1888
- Henley v. BushSupreme Court of Alabama · 1859
- Wood v. SteeleSupreme Court of Alabama · 1880
7 more not listed; retrieve them via the Exa API.