Ivey v. Nicks
Supreme Court of Alabama
Error from the Circuit Court of Talladega. Before the Hon. G. W. Stone. This suit was originally commenced in the county court of Talladega, by the plaintiff, against the defendant in error, in assumpsit, upon the indorsement óf a due bill. Upon the trial, a witness proved, that the defendant bet the note sued on, with one Conner, at a game of cards, played by the witness, and Conner.
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Error from the Circuit Court of Talladega. Before the Hon. G. W. Stone. This suit was originally commenced in the county court of Talladega, by the plaintiff, against the defendant in error, in assumpsit, upon the indorsement óf a due bill. Upon the trial, a witness proved, that the defendant bet the note sued on, with one Conner, at a game of cards, played by the witness, and Conner. The note was made by one Philips to the defendant, for the payment of $ 150, and at the time defendant told Conner, he took the note for better, for worse ; that he would not indorse it, or be responsible for…
1Opinion of the CourtChilton, J.
We think there can be no serious question as to the correctness of the decision of the orphans’ court in reversing the judgment of the county court rendered in this cause. The bill of exceptions not only shows that the defendant never did indorse the note, but put his' name upon it merely to distinguish it from the joint property of himself and partner, but that it passed from him into the hands of *567Conner upon a gaming consideration. Waiving the consideration of the effect of defendant’s discharge in bankruptcy upon the liability sought to be enforced against him ; and without considering our…
2Cases cited6 opinions
- Fenno v. SayreSupreme Court of Alabama · 1842
- Churchill v. SuterMassachusetts Supreme Judicial Court · 1808
- Musgrove v. GibbsSupreme Court of the United States · 1787
- Early v. McCartCourt of Appeals of Kentucky · 1834
- Manning v. MannningSupreme Court of Alabama · 1845
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3Cited by3 opinions
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- Hawley v. BibbSupreme Court of Alabama · 1881
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