Leonard v. Storrs
Supreme Court of Alabama
Appeal from the Circuit- Court of Franklin.. Tried before the Hon. ANDREW B. Mooee. This action was brought by John L. Storrs, against James L. R. Leonard; and was founded on a promissory note for $867, made by the defendant and one Daniel Courtney, dated Montevallo, January 16th, 1854, and payable four months after date, to the order of J. C. Riddle, The pleadings were drawn out at great length, presenting substantially the same question in different forms; but the decision…
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Appeal from the Circuit- Court of Franklin.. Tried before the Hon. ANDREW B. Mooee. This action was brought by John L. Storrs, against James L. R. Leonard; and was founded on a promissory note for $867, made by the defendant and one Daniel Courtney, dated Montevallo, January 16th, 1854, and payable four months after date, to the order of J. C. Riddle, The pleadings were drawn out at great length, presenting substantially the same question in different forms; but the decision of the court renders it unnecessary to state them in detail, or to notice the rulings of the court upon them. The…
1Opinion of the CourtStone, J.
— This record presents really but one question — namely, the right of the receiver to maintain this suit in his own name. If he have not that right, the record abounds in errors, which will be fatal to the action on any future trial. On the other hand, if he have the right, it is not important that we should inquire into the correctness of the several rulings to which exception was taken on the trial below. The nature of the plaintiff’s claim or interest in the note in suit, and the order of the chancellor which created that claim or interest, are among the uncontroverted facts of this…
2Cases cited4 opinions
- Franklin v. OsgoodCourt for the Trial of Impeachments and Correction of Errors · 1817
- Dunlap v. RobinsonSupreme Court of Alabama · 1856
- Mansony v. United States BankSupreme Court of Alabama · 1843
- Powell's Distributees v. Powell's LegateesSupreme Court of Alabama · 1857
3Cited by7 opinions
- Stephenson v. GoldenMichigan Supreme Court · 1937
- Baker v. BarcliftSupreme Court of Alabama · 1884
- Henning v. RaymondSupreme Court of Minnesota · 1886
- Pearce v. GambleSupreme Court of Alabama · 1882
- Bullock-McCall-McDonnell Electric Co. v. ColemanSupreme Court of Alabama · 1902
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