Hoyt v. Murphy
Supreme Court of Alabama
Error, to the Circuit Court of Mobile. Tried before the Hon. John Bragg. 1. The separate debt of the plaintiff cannot be defeated by an off-set of a joint debt. The debt offered by the defendants is due from Murphy & Brack, and is an open account. The debt is joint. — 2 Saun.
Read the full summary
Error, to the Circuit Court of Mobile. Tried before the Hon. John Bragg. 1. The separate debt of the plaintiff cannot be defeated by an off-set of a joint debt. The debt offered by the defendants is due from Murphy & Brack, and is an open account. The debt is joint. — 2 Saun. PI. & Ev. 789; 2 Sum. 409; 2 Bibb, 86; 4 Rand. 359; 1 Port. 232; 5 Ala. 110. 2. The principle wé have announced controls this case, unless the statutes of the State have destroyed the joint character of the debt, or it has been destroyed by the act of the parties. The act of 1839, proceeds upon the conclusion that the…
1Opinion of the CourtChilton, J.
The plaintiffs in error, being sued by J. H. Murphy, insist that they should have been allowed to set-off against his claim a demand due them from the late firm of Murphy & Brack.
The set-off is claimed upon three grounds; first, it is contended that the statute, giving a several right of action against either of the partners, makes this demand the several demand of Murphy, as well as the joint debt of Murphy & Braek, and that since the plaintiffs in error could have sued Murphy alone upon their demand, they but assert that right in insisting upon their plea of set-off, which is in the nature…
2Cases cited5 opinions
- Huckabee v. MaySupreme Court of Alabama · 1848
- Lewis v. PostSupreme Court of Alabama · 1840
- Pierce & Baldwin v. Pass & Co.Supreme Court of Alabama · 1834
- Von Pheel v. ConnallySupreme Court of Alabama · 1839
- Dickson v. Collins, Brother & Co.Supreme Court of Alabama · 1850
3Cited by7 opinions
- Mason v. HallSupreme Court of Alabama · 1857
- Duramus v. HarrisonSupreme Court of Alabama · 1855
- First Nat. Bank of Abbeville v. CappsSupreme Court of Alabama · 1922
- Potts v. First National BankSupreme Court of Alabama · 1893
- Drennen v. Gilmore Bros.Supreme Court of Alabama · 1901
2 more not listed; retrieve them via the Exa API.