Scott v. Campbell
Supreme Court of Alabama
Appeal from tbe Circuit Court of Coosa. Tried before tbe Hon. Kobert Dougherty. This action was brought by John A. Campbell against Marion M. Scott, and was founded on tbe defendant’s promissory note for $1184 75, dated January 16, 1851, and payable one day after date, to tbe plaintiff or bearer. Tbe only plea was tbe general issue, “with leave to give in evidence any matter that would be admissible under appropriate special pleas.”
Read the full summary
Appeal from tbe Circuit Court of Coosa. Tried before tbe Hon. Kobert Dougherty. This action was brought by John A. Campbell against Marion M. Scott, and was founded on tbe defendant’s promissory note for $1184 75, dated January 16, 1851, and payable one day after date, to tbe plaintiff or bearer. Tbe only plea was tbe general issue, “with leave to give in evidence any matter that would be admissible under appropriate special pleas.” Tbe evidence in. tbe case, all of which is set out in tbe bill of exceptions, consisted, on tbe part of tbe plaintiff, of tbe note sued on ; and, on tbe part of…
1Opinion of the Court
'WALKER, «J.
The fact that the note sued on was given by the defendant for the purchase from plaintiff of an interest in the stock of goods which was the basis of the partnership at its commencement, does not deprive the plaintiff of his remedy at law on the note, and render it necessary for him to go into chancery. — Bumpass v. Webb, 1 Stewart, 19. The plaintiff had, therefore, a right of recovery upon the note, unless some ground of legal defense against the note was made out for the defendant. If there was any such ground of defense, it consisted in a right of set-off, for a sum less than…
2Cases cited4 opinions
- Moore v. SmithSupreme Court of Alabama · 1851
- Ellsworth v. TarttSupreme Court of Alabama · 1855
- Bumpass v. WebbSupreme Court of Alabama · 1827
- Hodges v. Dawes & Co.Supreme Court of Alabama · 1844
3Cited by10 opinions
- Wilson v. WilsonOregon Supreme Court · 1894
- Couch v. WoodruffSupreme Court of Alabama · 1879
- Brooke v. TuckerSupreme Court of Alabama · 1907
- Willis v. BarronSupreme Court of Missouri · 1898
- Robinson v. BullockSupreme Court of Alabama · 1877
5 more not listed; retrieve them via the Exa API.