Branch Bank at Huntsville v. Steele
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Madison. The estate of Henry Stokes being represented as insolvent by George Steele, the administrator, the Bank filed as a claim against the estate, the note of Benjamin Patterson, dated 12th August, 1841, payable one hundred and twenty days after date, to said Stokes, for $4000. The note is indorsed by Stokes and another person, and they waive entirely the necessity for protest and notice.
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Writ of Error to the Orphans’ Court of Madison. The estate of Henry Stokes being represented as insolvent by George Steele, the administrator, the Bank filed as a claim against the estate, the note of Benjamin Patterson, dated 12th August, 1841, payable one hundred and twenty days after date, to said Stokes, for $4000. The note is indorsed by Stokes and another person, and they waive entirely the necessity for protest and notice. The administrator filed his objections in writing, to the allowance of this claim, on the following ground, to wit:— Because Henry Stokes was the accommodation…
1Opinion of the CourtGoldthwaite, J.
1. Previous to considering -the principal question presented here, it is proper to clear the way, by disposing of the matters which are urged against its examination. The first of these is, that the .creditors whose claims were allowed against the estate, are necessary parties, and unless the writ of error is so amended as to include them, it should be dismissed. The transcript does not show when the estate was adjudged insolvent, though it seems the administrator reported it to be so in June, 1842. In Martin v. Baldwin, 7 Ala. R. 923, we held, that if an estate was in progress of being…
2Cases cited3 opinions
- Burnet v. BiscoNew York Supreme Court · 1809
- Everett v. United StatesSupreme Court of Alabama · 1837
- Branch Bank at Huntsville v. RobinsonSupreme Court of Alabama · 1843
3Cited by7 opinions
- Alabama City, G. & A. Ry. Co. v. KyleSupreme Court of Alabama · 1918
- Dayton, Watervleit Valley & Xenia Turnpike Co. v. CoyOhio Supreme Court · 1861
- Birmingham Trust & Savings Co. v. Louisiana National BankSupreme Court of Alabama · 1892
- Evans v. Cincinnati, Selma & Mobile Railway Co.Supreme Court of Alabama · 1884
- McGowin Lumber & Export Co. v. R. J. & B. F. Camp Lumber Co.Supreme Court of Alabama · 1915
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