Legal Opinion

Bell v. Horton

Supreme Court of Alabama

Decided June 15, 1840PublishedCited by 4 opinions

Writ of error to the County Court of Madison county. Bell sued Horton as the maker of a note payable to W. H. Jones, and endorsed by him to Bell.

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Writ of error to the County Court of Madison county. Bell sued Horton as the maker of a note payable to W. H. Jones, and endorsed by him to Bell. The defendant pleaded payment and a set-off, and gave in evidence a note made by Benjamin Cayle, W. H. Jones and W. H. Clifton, payable to ütey & Horton, or order: also two single bills made by W. H. Jones, payable to Friley Jones, executor of W. Jones, or order: Neither of these instruments were endorsed, but it was in evidence that the note payable to Otey & Horton, was, and had been the property of, and in the possession of the defendant, before…

1Opinion of the CourtGoldthwaite, J.

— If suit had been instituted by Horton, in his own name, to recover from Jones the several demands offered as a set-off, it would have been necessary to show that they had been endorsed by the respective payees; or that having been transferred to Horton, a promise had afterwards been made by Jones, to pay him the several amounts. The same requisites seem to be necessary to constitute them a set-off under the statute. French v Garner, (7 Porter 549:) Kennedy v. Manship, (Supra) Crawford v. the executors of Simonton (7 Porter 110.)

In the case of Stocking v. Toulmin, (3 S. & P. 35,) it was held…

2Cases cited2 opinions

  1. French v. GarnerSupreme Court of Alabama · 1838
  2. Crawford v. Executors of SimontonSupreme Court of Alabama · 1838

3Cited by4 opinions

  1. Mauldin, Montague & Co. v. ArmisteadSupreme Court of Alabama · 1848
  2. Bowen v. SnellSupreme Court of Alabama · 1847
  3. Crayton v. ClarkSupreme Court of Alabama · 1847
  4. Skipper v. StokesSupreme Court of Alabama · 1868

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