Carpenter v. Devon
Supreme Court of Alabama
Whit of error to the Court of Chancery for Montgomery. In June, 1842, the complainant filed his bill, stating, that Atkins McLemore and Anderson W. Mosely, in the circuit court of Montgomery, recovered a judgment against John W. T. Reid, for the sum of twenty-seven hundred and eighty-seven dollars and sixty-four cents, and costs; that the defendant in the judgment, together with the complainant and Edward Hanrick as his sureties, executed a bond; conditioned for the…
Read the full summary
Whit of error to the Court of Chancery for Montgomery. In June, 1842, the complainant filed his bill, stating, that Atkins McLemore and Anderson W. Mosely, in the circuit court of Montgomery, recovered a judgment against John W. T. Reid, for the sum of twenty-seven hundred and eighty-seven dollars and sixty-four cents, and costs; that the defendant in the judgment, together with the complainant and Edward Hanrick as his sureties, executed a bond; conditioned for the prosecution of a writ of error to the June term of the supreme court, holdenin 1841; and the judgment of the circuit court was…
1Opinion of the CourtCollier, C. J.
The material questions arising in this case,, may be thus stated: 1. Does the relation of principal and surety cease upon the recovery of a judgment against them, so as to prevent the latter from insisting upon his discharge in consequence of an indulgence given to the former without his consent, under a contract with the creditor? 2. Where the bill filed by a surety states, that the creditor suspended execution upon his judgment, under a contract with his p”incipal, without the sureties’ knowledge or consent; and the answer denies that the indulgence was-given without the complainant’s…
2Cases cited4 opinions
- Lenox v. ProutSupreme Court of the United States · 1818
- Branch of the Bank of Alabama v. MarshallSupreme Court of Alabama · 1842
- Bay v. TallmadgeNew York Court of Chancery · 1821
- Bank of Steubenville v. LeavittOhio Supreme Court · 1831
3Cited by26 opinions
- Knighton v. CurrySupreme Court of Alabama · 1878
- Vincent v. RogersSupreme Court of Alabama · 1857
- McCauley v. StateSupreme Court of Alabama · 1855
- Boyd v. BeckSupreme Court of Alabama · 1857
- Carroll v. MaloneSupreme Court of Alabama · 1856
21 more not listed; retrieve them via the Exa API.