Abercrombie v. Conner
Supreme Court of Alabama
Error to the Circuit Court of Talladega. The facts of this case, so far as necessary to the understanding of the opinion of the court, may be thus stated. A bill of exchange was drawn by E. C Walker, in favor of James Aber-crombie, on Gideon Riddle, by whom it was accepted, and indorsed first by the payee, secondly by Zimri Madden, and thirdly by David Conner.
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Error to the Circuit Court of Talladega. The facts of this case, so far as necessary to the understanding of the opinion of the court, may be thus stated. A bill of exchange was drawn by E. C Walker, in favor of James Aber-crombie, on Gideon Riddle, by whom it was accepted, and indorsed first by the payee, secondly by Zimri Madden, and thirdly by David Conner. Default having been made in the payment of the bill at maturity, it was protested for non-payment, and several actions brought against the acceptor and indorsers, by the holders, Messrs. Wm. Enox & Co. In these actions judgments were…
1Opinion of the CourtCollier, C. J.
There is no proof in the record showing that Messrs Knox & Co. assigned their judgment against *295Conner to the plaintiff in-error, or that the latter ever acquired an inserest therein, unless the payment of the bill by him would confer it. Conceding that the indorsers were, as it respected previous parties, to be secondarily liable, and as between themselves, were to be responsible as co-sureties, and still it cannot be maintained that they should enforce contribution against each other, by suing an execution upon a judgment recovered by the holder of the bill. A satisfaction of one of the…
2Cases cited2 opinions
- Lockhart v. McElroySupreme Court of Alabama · 1843
- Hubbert v. McCollumSupreme Court of Alabama · 1844
3Cited by20 opinions
- Dunn v. PoncelerSupreme Court of Alabama · 1937
- United States Fidelity & Guaranty Co. v. Yeilding Bros.Supreme Court of Alabama · 1932
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Clark v. SpencerSupreme Court of Alabama · 1883
- Cowan & Co. v. SappSupreme Court of Alabama · 1883
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