Worsham v. Goar
Supreme Court of Alabama
Oil a writ of error to the Circuit Court of Russell county. This was an action of assumpsit, by Goar, the administrator of Ford. The declaration alleged, tka t on the nineteenth day of January, A. D. eighteen hundred and thirty-one, one EsraB.
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Oil a writ of error to the Circuit Court of Russell county. This was an action of assumpsit, by Goar, the administrator of Ford. The declaration alleged, tka t on the nineteenth day of January, A. D. eighteen hundred and thirty-one, one EsraB. Jones made and delivered to the defendant, a promissory note, payable to the order of the defendant, at the Branch of the State Bank in Milledgeville, for the sum of five hundred dollars; and which said note the defendant indorsed to the plaintiff’s testator. That the note was regularly protested for non-payment; and was subsequently paid by the…
1Opinion of the CourtCollier, J.
— The defendant in error, sued the plaintiff in assumpsit, in the Circuit Court of Russell.
From the record, it appears, that the defendant’s intestate, as the second indorser of a promissory note, (which had been put in circulation,) paid it after default by the maker, and sued the plaintiff, as the first indorser. In the record we find a demurrer *444in short, by consent, and immediately thereafter the •plea of non-assumpsit, in short.
Wo disposition appears to have been made of the demurrer, but the case was tried on an issue of fact, and a verdict rendered for the defendant, from a judgment, on…
2Cited by13 opinions
- Cox v. StateSupreme Court of Alabama · 1967
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Royals v. StateAlabama Court of Appeals · 1951
- Espalla v. Richard & SonsSupreme Court of Alabama · 1891
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