Russell v. Hester
Supreme Court of Alabama
Error to the Circuit Court of Tuscaloosa. Assumpsit by the plaintiff, against the defendant in error. The declaration alledges, that the plaintiff transferred a promissory note to the defendant, executed by one Donoho to A. Battle, and indorsed by Battle to the plaintiff. That the note was transferred by indorsement by Battle to the plaintiff, and by him was transferred before its maturity to the defendant, as collateral security for the payment of a debt which he owed him.
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Error to the Circuit Court of Tuscaloosa. Assumpsit by the plaintiff, against the defendant in error. The declaration alledges, that the plaintiff transferred a promissory note to the defendant, executed by one Donoho to A. Battle, and indorsed by Battle to the plaintiff. That the note was transferred by indorsement by Battle to the plaintiff, and by him was transferred before its maturity to the defendant, as collateral security for the payment of a debt which he owed him. That defendant retained possession of the note, and neglected to sue the maker of the note, to the first court of the…
1Opinion of the CourtOrmond,j.
The allegations of the declaration are, that the note of one Donoho, indorsed by Battle, was transferred by the plaintiff to the defendant, before its maturity, as collateral security, and that by the lacheé of the defendant, in not suing the maker, to the first court after the note fell due, a solvent party on the note, the indorser, has been discharged from liability; aild the maker being insolvent, the note has become of no value to the plaintiff.
As it is not alledged that there was any special contract in this case, by which the creditor bound himself to preserve the liabilities of the…
2Cases cited2 opinions
- Clark v. Robert Young & Co.Supreme Court of the United States · 1803
- Trotter v. CrockettSupreme Court of Alabama · 1835
3Cited by9 opinions
- Montandon & Co. v. DeasSupreme Court of Alabama · 1848
- Powell's Adm'r v. HenrySupreme Court of Alabama · 1855
- Anderson v. TimberlakeSupreme Court of Alabama · 1896
- Tuscaloosa Lumber Co. v. Tropical Paint & Oil Co.Supreme Court of Alabama · 1924
- Pickens v. Yarborough's AdministratorSupreme Court of Alabama · 1855
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