Hightower v. Ivy
Supreme Court of Alabama
This was assumpsit, brought by Hightower, in the Circuit Court of Autauga. Hightower sold a slave to Ivy, who gave his note for the price, Ivy afterwards took up his note, and in lieu thereof, transferred by indorsement, a note which was payable to himself from one Maples, to the said Hightower.
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This was assumpsit, brought by Hightower, in the Circuit Court of Autauga. Hightower sold a slave to Ivy, who gave his note for the price, Ivy afterwards took up his note, and in lieu thereof, transferred by indorsement, a note which was payable to himself from one Maples, to the said Hightower. The declaration contained five counts; the first of which was in the usual form upon the assignment; the second and third were also on the assignment, hut they contained averments of the insolvency of Maples at the time of the indorsement, and after-wards, and of the defendant’s knowledge of the fact:…
1Opinion of the Court
By Mr. Chief-J ustice Saekold :
This action was assumpsit, brought in the Circuit Court by the present plaintiff against the defendant, on a promissory note payable by S. W. Maples to the defendant, and by the latter indorsed to the plaintiff-.
The first count is in the usual form upon the note ; the second and third counts are also on the note, with averments of the insolvencjr of the maker at the time of the indorsement, and ever since, and of the indor-ser's knowledge of the fact: the fourth count is for a slave sold and delivered by the plaintiff to the defendant; the fifth count is for…
2Cited by7 opinions
- Tankersley v. GrahamSupreme Court of Alabama · 1845
- O'Neal v. ClarkSupreme Court of Alabama · 1934
- Hopper v. EilandSupreme Court of Alabama · 1852
- Clark v. O'NealSupreme Court of Alabama · 1935
- Mechanics' Bank v. Valley Packing Co.Missouri Court of Appeals · 1877
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