Lyon v. Robertson
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. James Q. Smith. This action was brought by Francis S. Lyon, against Richard M. Robertson and John H. Prince ; was founded on a promissory note for $2,065.30, made by one R. J. Fletcher, together with said Robertson and Prince, dated May 20, 1863, and payable on or before the 14th day of May, 1864, with interest from the 14th May, 1863, to said F. S. Lyon or order; and was commenced on the 24th day of August,…
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Appeal from the Circuit Court of Marengo. Tried before the Hon. James Q. Smith. This action was brought by Francis S. Lyon, against Richard M. Robertson and John H. Prince ; was founded on a promissory note for $2,065.30, made by one R. J. Fletcher, together with said Robertson and Prince, dated May 20, 1863, and payable on or before the 14th day of May, 1864, with interest from the 14th May, 1863, to said F. S. Lyon or order; and was commenced on the 24th day of August, 1866. Fletcher was not sued, and the action was dismissed as to Prince, on a suggestion of his bankruptcy. On the trial, as…
1Opinion of the CourtPeters, C. J.
The evidence set forth in the bill of exceptions does not tend to show that the original transaction — the making and negotiation of the bill of exchange indorsed by Lyon for the accommodation of Fletcher — was in any way illegal, or forbidden by any principle of public policy, state or federal. It was upon this instrument that Fletcher became liable to refund to Lyon the amount that he might be compelled or legally required to pay on it. The testimony shows that Lyon was the accommodation indorser for Fletcher. As such, upon a payment of the bill by him, he was entitled to sue Fletcher for…
2Cases cited3 opinions
- Hale v. Huston, Sims & Co.Supreme Court of Alabama · 1870
- Lawson v. MillerSupreme Court of Alabama · 1870
- Meek v. BlackSupreme Court of Alabama · 1833