Carson v. Barnes
Supreme Court of Alabama
Error to the County Court of Mobile County. THIS was an action brought by the defendant in error as the indorsee of a promissory note made by the plaintiffs in error to one'Cornelius D. Tobin. The defendants below pleaded non assumpsit, payment and set-off. An agreement between the parties appears of record, which recites that the cause shall be tried in every respect, as though Cornelius D. Tobin was plaintiff. The plaintiff below had judgment.
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Error to the County Court of Mobile County. THIS was an action brought by the defendant in error as the indorsee of a promissory note made by the plaintiffs in error to one'Cornelius D. Tobin. The defendants below pleaded non assumpsit, payment and set-off. An agreement between the parties appears of record, which recites that the cause shall be tried in every respect, as though Cornelius D. Tobin was plaintiff. The plaintiff below had judgment. On the trial in the Court below a bill of exceptions was taken, from which it appears that the defendants below offered in evidence a note made by…
1Opinion of the CourtOrmond, J.
—No reason is assigned by the Court for this decision, and none has occurred to us, which justifies it. The notes offered as off-sets, if proved to be genuine and the property of Moore, the payee, should have been received as off-sets. Though executed by Tobin and another, the statute makes the liability several as well as joint, and as Tobin could have been sued on them alone so they would be a good off-set in a suit brought by him, which, by the agreement of the parties is the aspect of this case.
Neither is it an objection that the notes offered to be set off, were payable to Moore, one of…
2Cited by9 opinions
- Sledge v. Swift, Murphy & Co.Supreme Court of Alabama · 1875
- Wilson v. Exchange BankSupreme Court of Georgia · 1905
- Huddleston v. AskeySupreme Court of Alabama · 1876
- Locke v. LockeSupreme Court of Alabama · 1876
- President, Bank of Mobile v. PoelnitzSupreme Court of Alabama · 1878
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