Plant & Co. v. Voegelin
Supreme Court of Alabama
Appeal from tho Chancery Court of Dallas. Heard before the Hon. James 33. Claek. This bill was filed by the appellants, as partners, against Frederick Yoegelin and L. 33. Vasser, to compel an inter-pleader between the defendants respecting the title to the proceeds of a certain note.
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Appeal from tho Chancery Court of Dallas. Heard before the Hon. James 33. Claek. This bill was filed by the appellants, as partners, against Frederick Yoegelin and L. 33. Vasser, to compel an inter-pleader between the defendants respecting the title to the proceeds of a certain note. The note in controversy was executed by Plant & Co. to E. L. Lee, their landlord, for a portion of the rent of a house leased by them during the year 1854. Before the expiration of the lease, the. premises were sold under a mortgage, previously executed by said Lee, and purchased by said L. B. Vasser, who…
1Opinion of the CourtBice, C. J.
The bill being filed by five persons, as co-complainants and partners, if it appear that one of them is not entitled to relief, the bill must be dismissed. Wilkins v. Judge, 14 Ala. 135; Cochran v. Cunningham, 16 Ala. 448.
It appears that the defendant Voegelin received the note in controversy, before it maturity, from said Lee, in payment of a debt Lee owed him ; and that ho thus received it, on the faith of a promise by the complainant Plant,, that it shoulcl'be paid when due. The note having been thus purchased by Voegelin on the faith of that .promise, it is clear upon authority that…
2Cases cited5 opinions
- Lanier v. HillSupreme Court of Alabama · 1854
- Clements v. LogginsSupreme Court of Alabama · 1841
- Wilkins v. JudgeSupreme Court of Alabama · 1848
- Cochran v. Cunningham's Ex'rSupreme Court of Alabama · 1849
- Drake v. FosterSupreme Court of Alabama · 1856
3Cited by5 opinions
- Davis v. WilliamsSupreme Court of Alabama · 1900
- Otis v. DarganSupreme Court of Alabama · 1875
- Schaffer v. LavrettaSupreme Court of Alabama · 1876
- Pearson v. HardinMichigan Supreme Court · 1893
- Cloud v. WhitingSupreme Court of Alabama · 1861