Hartwell v. Whitman
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Hoard before the Hon. Wade Keyes. The bill in this case was filed, on the 28th February, 1854, by James K. Whitman, against Thomas C. Hart-well, and alleged these facts: That on the 28th March, 1850, said Whitman and Hartwell, as sureties of one W. F. Read, executed a promissory note for $640, jointly with their principal, payable on the 1st January, 1851, to one Thomas M. Williams; that suit was afterwards brought on this note,…
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Appeal from the Chancery Court of Lowndes. Hoard before the Hon. Wade Keyes. The bill in this case was filed, on the 28th February, 1854, by James K. Whitman, against Thomas C. Hart-well, and alleged these facts: That on the 28th March, 1850, said Whitman and Hartwell, as sureties of one W. F. Read, executed a promissory note for $640, jointly with their principal, payable on the 1st January, 1851, to one Thomas M. Williams; that suit was afterwards brought on this note, against all the makers, and judgment was thereon recovered against them; that Read afterwards placed in Hartwell’s hands,…
1Opinion of the Court
A. J. WALEEB- C. J.
That the defendant, Hart-well, received a draft from Bead, the principal of himself and his co-surety; that this draft was collected by the defendant; that he executed a receipt for the draft; that the receipt went into his possession, and that he fails to produce it in answer to the complainant’s eall, upon the plea that it is lost or mislaid, — are uncontroverted and indisputable facts in this case. The complainant exhibits-with his bill wliat is alleged to be a copy of the receipt; and it is contended, that the denial of the answer casts upon the complainant the onus of…
2Cases cited6 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Savage v. BenhamSupreme Court of Alabama · 1849
- Posey v. Decatur BankSupreme Court of Alabama · 1848
- White v. BanksSupreme Court of Alabama · 1852
- Morrison v. TaylorSupreme Court of Alabama · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Vandiver & Co. v. PollakSupreme Court of Alabama · 1894
- Bryan v. HendrixSupreme Court of Alabama · 1876
- Fairbairn v. MiddlemissMichigan Supreme Court · 1882