Kirkman, Abernathy & Hanna v. Benham
Supreme Court of Alabama
Appeal from the Chancery Court of Lauderdale. Heard before the Hon. A. J. Walker. This bill was filed by the appellants, late partners, against Yincent M. Benham, as administrator de bonis non of Samuel Savage, deceased; and its material allegations were as follows : That on the 29th September, 1841, complainants! who were commission merchants in the city of New Orleans, accepted for one Geo.
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Appeal from the Chancery Court of Lauderdale. Heard before the Hon. A. J. Walker. This bill was filed by the appellants, late partners, against Yincent M. Benham, as administrator de bonis non of Samuel Savage, deceased; and its material allegations were as follows : That on the 29th September, 1841, complainants! who were commission merchants in the city of New Orleans, accepted for one Geo. M. Savage his bill of exchange, of that date, for $2,300, at eight months, in favor of one -Ilervey Dillahunty, and endorsed by said Dillahunty and one Thomas U. Lassiter; that said bill purported to be…
1Opinion of the CourtStone, J.
The bill of exchange mentioned in the pleadings, although signed as drawer by George M. Savage, styling himself 11 executor of Samuel Savage,” is the personal contract of Geo. M. Savage, and does not bind the estate he represented. Kirkman, Abernathy & Hanna were accommodation acceptors, and, as such, have a right to be reimbursed by Geo. M. Savage, the drawer. This, however, gives them no claim against the estate of Samuel Savage. — Johnson v. Gaines, 8 Ala. 791; Willis v. Willis, 9 Ala. 330; Jones v. Dawson, 19 Ala. 672.
The money raised on this bill of exchange was used by Dillahunty, with…
2Cases cited3 opinions
- Jones v. DawsonSupreme Court of Alabama · 1851
- Willis' Adm'r v. Heirs of WillisSupreme Court of Alabama · 1846
- Johnson v. GainesSupreme Court of Alabama · 1845
3Cited by14 opinions
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Lucas v. PittmanSupreme Court of Alabama · 1891
- Sanford v. HowardSupreme Court of Alabama · 1857
- Mayor of Mobile v. DarganSupreme Court of Alabama · 1871
- Mulhall v. WilliamsSupreme Court of Alabama · 1858
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