Tipton v. Nance
Supreme Court of Alabama
Wkit of Error to the County Court of Dallas county. This action was brought by Nance against the indorser of a bill of exchange. A great number of questions are raised upon the record, both with respect to the pleadings and the merits of the case, but as only one is determined by the Court, the facts and pleadings in connection with that only are stated. The case was tried on the general issue, and there was a verdict and judgment for the plaintiff.
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Wkit of Error to the County Court of Dallas county. This action was brought by Nance against the indorser of a bill of exchange. A great number of questions are raised upon the record, both with respect to the pleadings and the merits of the case, but as only one is determined by the Court, the facts and pleadings in connection with that only are stated. The case was tried on the general issue, and there was a verdict and judgment for the plaintiff. The defendant offered to prove that the bill was purchased by the Real Estate Banking Company of South Alabama, (ant unchartered association of…
1Opinion of the CourtGoldthwaite, J.
We have held this case sometime under consideration, in order that it might receive a more deliberate investigation than could be given to it in term time. This investigation has confirmed our first impressions that the evidence was improperly excluded from the jury.
*196The plaintiff in this case is shown to be a person clothed with a mere naked legal right, in consequence of the indorsement, but when the amount of the bill is recovered it goes into the general funds of the association, of which the defendant is a partner. If the money was converted by the plaintiff to his own use after receiving…
2Cases cited2 opinions
- Hazard v. FranklinSupreme Court of Alabama · 1841
- Smyth v. Strader, Perrine & Co.Supreme Court of Alabama · 1839
3Cited by2 opinions
- Thompson v. LoweIndiana Supreme Court · 1887
- Alsobrook v. DeshlerSupreme Court of Alabama · 1846