Hampton v. Shehan
Supreme Court of Alabama
Writ of error to the Circuit Court of St. Clair. Assumpsit by Hampton describing himself as executor of the estate of Joel Chandler, deceased, and as suing for the use of Sarah Chandler, executrix, and James Hampton and Joel Chaudler, executors of the last will and testament of Joel Chandler, Sr. deceased, against Shehan as the joint maker with Joel Chandler and Henry McCoy, who are not sued, of a promissory note payable to Hampton, by the description of James Hampton,…
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Writ of error to the Circuit Court of St. Clair. Assumpsit by Hampton describing himself as executor of the estate of Joel Chandler, deceased, and as suing for the use of Sarah Chandler, executrix, and James Hampton and Joel Chaudler, executors of the last will and testament of Joel Chandler, Sr. deceased, against Shehan as the joint maker with Joel Chandler and Henry McCoy, who are not sued, of a promissory note payable to Hampton, by the description of James Hampton, executor of the estate of Joel Chandler, deceased. - The defendant, with other pleas, pleaded as follows: “ That Joel…
1Opinion of the CourtGoldthwaite, J.
— We are unable to see any reason upon which the demurrer to the plea was overruled. The validity of the consideration for which.the note was given, is admitted by the omission to controvert it, and therefore the proposition asserted by the plea seems to be, either that the note cannot be enforced in an action at law, as having been given by one executor of an estate to another; or because the suit cannot be sustained for the use of the principal maker of the note, in connection with others, in a representative capacity, where his surety is the defendant to the suit. This is essentially…
2Cases cited4 opinions
- Childress v. ChildressSupreme Court of Alabama · 1842
- Brannan v. OliverSupreme Court of Alabama · 1829
- Brown v. FosterSupreme Court of Alabama · 1842
- Phillips v. PhillipsSupreme Court of Alabama · 1827
3Cited by4 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Pettit's Adm'r v. Pettit's DistributeesSupreme Court of Alabama · 1858
- Whitworth's Distributees v. OliverSupreme Court of Alabama · 1864
- Rossman v. McFarlandOhio Supreme Court · 1859