Colvin v. Rich
Supreme Court of Alabama
QUESTION IN THIS CAUSE. Upon the conclusiveness of a judgment in garnishment, againt the maker of a note, after notice of its transfer. This suit was instituted by Rich, in Montgomery Circuit Court, and was assumpsit, upon a promissory note.
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QUESTION IN THIS CAUSE. Upon the conclusiveness of a judgment in garnishment, againt the maker of a note, after notice of its transfer. This suit was instituted by Rich, in Montgomery Circuit Court, and was assumpsit, upon a promissory note. The note was executed by Colvin, and was made payable to B. B. Ginn, or bearer; and Colvin resisted a recovery against him, by pleading that he had been garnisheed in respect to the amount of this note; under which he had answered, and made payment thereto. The bill of exceptions showed, that on the trial of the cause, the plaintiff proved, that he was in…
1Opinion of the CourtHopkins, J.
Upon the trial of an issue, between these parties, in the Circuit Court of Montgomery County, in an action, brought by Rich, against Col-vin, upon a note, made by the latter, to B. B. Ginn, or bearer, of which the defendant in error was the bearer, it was proved, that Rich was in the pos session of the note, before the service of a garnishment upon the maker, as a debtor of Ginn, the payee. Notice of this fact was given by Rich to Colvin, after the service of the garnishment-, but before his answer, as garnishee, was made; and, in the answer the fact was stated.
Upon the answer, a judgment was…
2Cited by10 opinions
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