Turner v. Lazarus
Supreme Court of Alabama
Writ of error to the County Court of Sumter. This was an action of assumpsit at the suit of the defendant in error, on a promissory note, dated, Sumter county, Ala.
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Writ of error to the County Court of Sumter. This was an action of assumpsit at the suit of the defendant in error, on a promissory note, dated, Sumter county, Ala. May 15, 1839, made by Elihu Moffitt, H. G. Turner, H. T. Stanton, and by Elihu Moffitt and Landon J. Morris as partners, by the name and style of L. J. Morris & Co., for the payment of twenty-five hundred dollars, negotiable and payable at the Branch of the Bank of the State of Alabama at Mobile, nine months after date. Turner and Stanton pleaded, 1. non assumpsit. 2. That they never made and delivered the promissory note in the…
1Opinion of the CourtCollier, C. J.
Placing all other considerations out of view, and the incompctency of Morris asa witness, may be.rested upon the ground that he was sued jointly with those for whom he was called on to testify, as the makers of a promissory note.—
True, the act of 1818, declares, that every promissory note, &c. shall be construed to have the same effect iu law as a joint and several note, &c. and makes it lawful to sue out process, and proceed to judgment against any one or more of the makers. And where a writ shall issue against any two or more joint makers of such note, it is competent for the plaintiff’…
2Cases cited1 opinion
- Scott v. JonesSupreme Court of Alabama · 1843
3Cited by4 opinions
- Dumas & Co. v. PattersonSupreme Court of Alabama · 1846
- Hall v. CannteSupreme Court of Alabama · 1853
- Colgin v. State BankSupreme Court of Alabama · 1847
- Palmer v. SeveranceSupreme Court of Alabama · 1846