McGehee v. Gindrat
Supreme Court of Alabama
ERROR to the Circuit Court of Lowndes. Tried before tbe Hon. E. Pickens. At tbe Spring Term, 1844, of tbe Circuit Court of Lowndes, John H. Gindrat, for tbe use of Levi W. Patton, recovered a judgment against Albert Go McGehee.
Read the full summary
ERROR to the Circuit Court of Lowndes. Tried before tbe Hon. E. Pickens. At tbe Spring Term, 1844, of tbe Circuit Court of Lowndes, John H. Gindrat, for tbe use of Levi W. Patton, recovered a judgment against Albert Go McGehee. While tbe suit was pending, one Haley Hutchinson, who held a note for $2,000 on said Gindrat, which was in the hands of E. A. Colclough, for collection, who was the attorney of record for Gindrat in said suit against McGehee, made an arrangement with said Colclough, that the judgment against McGehee, when collected, should be applied to the partial payment of the debt…
1Opinion of the CourtChilton, J.
As it seems to be established that Patton, for whose use the suit against McGehee, in favor of Gindrat, was brought, had no interest in the recovery, McGehee had *100the clear right to settle the judgment with Gindrat, unless before tbe settlement be had received notice, or such facts had been communicated to him as were equivalent to notice, of the transfer of the judgment to Hutchinson.
The main question, therefore, in this case is, whether the charge of the court, in respect to the sufficiency of the notice, is correct.
It was incumbent on Hutchinson, who sought to avoid the settlement between…
2Cases cited1 opinion
- Herbert v. HanrickSupreme Court of Alabama · 1849
3Cited by8 opinions
- Truss v. MillerSupreme Court of Alabama · 1897
- Lomax v. LeGrand & Co.Supreme Court of Alabama · 1877
- Collins v. StateSupreme Court of Alabama · 1859
- Pepper & Co. v. GeorgeSupreme Court of Alabama · 1874
- Wilson v. WallSupreme Court of Alabama · 1859
3 more not listed; retrieve them via the Exa API.