Hatton's Adm'rs v. Jordan
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. Thomas A. WalkeR. .Assumpsit by Fleming Jordan, suing for the use of Daniel B. Turner, against Samuel Hatton ; who having died pending the suit, it was thereupon revived against his administrators.
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Appeal from the Circuit Court of Madison. Tried before the Hon. Thomas A. WalkeR. .Assumpsit by Fleming Jordan, suing for the use of Daniel B. Turner, against Samuel Hatton ; who having died pending the suit, it was thereupon revived against his administrators. The declaration contained the .common counts, and a special count for the breach of a contract which, in substance, was as follows; — One B. M. Lowe, having become insolvent, and being about to make an assignment of his property for the benefit of his creditors, endorsers, and sureties, refused to make any assignment which was not…
1Opinion of the CourtWalker, J.
In support of the demurrer it is contended, that the agreement to pay Jordan, in consideration of his consent to the making of the deed, and to the preference of Hatton over himself and the creditors to whom he was bound, would, in the end, enure to the benefit of Lowe ; and that the contract, therefore, covertly reserves a benefit to an *274insolvent assignor. From this argument the conclusion is deduced, that the agreement was unlawful, because its purpose was to accomplish by indirection that which could not be accomplished directly,-as settled by repeated decisions of this court. — Wiley,…
2Cases cited5 opinions
- Clarke v. WhiteSupreme Court of the United States · 1838
- Hind v. HoldshipSupreme Court of Pennsylvania · 1833
- Caldwell v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1847
- Evans v. LamarSupreme Court of Alabama · 1852
- Grimshaw v. WalkerSupreme Court of Alabama · 1847
3Cited by3 opinions
- Thompson v. ThompsonSupreme Court of Alabama · 1894
- Henry v. Murphy & Co.Supreme Court of Alabama · 1875
- Brooks v. Diaz & Co.Supreme Court of Alabama · 1860