Walker v. Winn
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. A. A. McDonald, Special Judge. The purpose of this suit and the facts in reference thereto are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Barbour. Tried before the Hon. A. A. McDonald, Special Judge. The purpose of this suit and the facts in reference thereto are sufficiently stated in the opinion. The special pleas referred to in the opinion are as follows: “4. Now comes the defendant in the above case and for answer to the complaint says: That at the time of the execution of the transfer or endorsement of the note sued on in this case, Z. Bush, the payee in said note was insane and incapable by reason of his mental condition to make a contract and that said transfer or assignment of said note…
1Opinion of the CourtDenson, J.
This is a suit upon a promissory note executed by defendant, David L. Walker, and two other persons, (who are not sued) to Zachariah Bush. The note was transferred by the payee to John E. Crews, who brought this suit. Crews died and the cause Avas revived in the name of James J. Winn, Jr., as the admia-istrator of his estate.
The defendant filed a sworn plea denying that the plaintiff Avas the party really interested in the note sued on, and also attempted by other special pleas to defend the suit upon the ground that the payee Bush, at the time he transferred the note to Crews was insane.
Demur…
2Cases cited7 opinions
- Hovey v. HobsonSupreme Judicial Court of Maine · 1866
- Dougherty v. PoweSupreme Court of Alabama · 1900
- Wilkinson v. WilkinsonSupreme Court of Alabama · 1900
- Milligan v. PollardSupreme Court of Alabama · 1895
- Bunn v. PostellSupreme Court of Georgia · 1899
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3Cited by7 opinions
- Livingston v. LivingstonSupreme Court of Alabama · 1923
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- Metropolitan Life Ins. Co. v. BramlettSupreme Court of Alabama · 1932
- Thomas v. HoldenSupreme Court of Alabama · 1915
- Ivey v. MaySupreme Court of Alabama · 1935
2 more not listed; retrieve them via the Exa API.