Smoot v. Eslava
Supreme Court of Alabama
Error to the City Court of Mobile. Tried before the Hon. Alex. McKinstry. The plaintiffs in error were garnisheed at the suit of Burke & Co. v. Eslava and others, and answered that they had given certain promissory notes to Eslava, which are particularly described in the answers. Ketchum also answered, that he had been notified that the notes which he referred to in his answers had been transferred to Roberts, the defendant in error.
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Error to the City Court of Mobile. Tried before the Hon. Alex. McKinstry. The plaintiffs in error were garnisheed at the suit of Burke & Co. v. Eslava and others, and answered that they had given certain promissory notes to Eslava, which are particularly described in the answers. Ketchum also answered, that he had been notified that the notes which he referred to in his answers had been transferred to Roberts, the defendant in error. The plaintiffs in the judgments upon which the garnishments issued, contested the right of Roberts to the notes as transferree, and thereupon a notice was issued…
1Opinion of the CourtGOLDTHWAI'JfiE, J.
It has repeatedly been held by this court, that a payment by a garnishee of a judgment rendered against him as such, will protect him against a suit upon the original claim.—Duncan v. Ware, 5 S. & P. 119; Cook v. Field, 3 Ala. 53; Mills v. Stewart, 12 ib. 90. In the present case, however, the object was to take the case out of this rule, by showing that one of the garnishees did not, in his answer, disclose the fact that the note in which he was indebted had been transferred to the person who afterwards sued apon it, such fact being within his knowledge at the time he answered. Un*661questionably,…
2Cases cited2 opinions
- Cook v. FieldSupreme Court of Alabama · 1841
- Murrah v. Branch Bank at DecaturSupreme Court of Alabama · 1852
3Cited by4 opinions
- Pape v. WrightIndiana Supreme Court · 1889
- Murray v. ConeSupreme Court of Iowa · 1868
- Blackman & Co. v. CollierAlabama Court of Appeals · 1915
- Kimbrough v. DavisSupreme Court of Alabama · 1859