Frank v. Thompson
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This was an action brought by the appellant, Joe Frank-, against the appellee, W. A. Thompson, and counted on a promissory note, which was executed by the defendant, W. A. Thompson, and F. P. Thompson. The defendant pleaded several pleas of set-off, and also the following pleas: “2d. That said defendant owes nothing on said note. 3d.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This was an action brought by the appellant, Joe Frank-, against the appellee, W. A. Thompson, and counted on a promissory note, which was executed by the defendant, W. A. Thompson, and F. P. Thompson. The defendant pleaded several pleas of set-off, and also the following pleas: “2d. That said defendant owes nothing on said note. 3d. That said note has been paid and discharged, before this action was commenced, from the assets of the estate of Frank Thompson in the hands of the said plaintiff.” To the third plea the…
1Opinion of the CourtColeman, J.
F. P. Thompson and the defendant, W. A. Thompson, executed their promissory note to the plaintiff, Joe Frank. The evidence tends to show, that the note was given for a loan of .money made to W. A. Thompson. F. P. Thompson died, and W. A. Thompson duly qualified as his administrator. The plaintiff sued W. A. Thompson individually and alone upon the debt. The evidence tended to show that the plaintiff, Joe Frank, and W. A. Thompson, administrator, entered into an agreement by which W. A. Thompson turned over to the plaintiff certain assets of the estate of F. P. Thompson in payment of the note,…
2Cases cited3 opinions
- Swink's Adm'r v. SnodgrassSupreme Court of Alabama · 1850
- Hopper v. SteeleSupreme Court of Alabama · 1851
- Woods v. LeggSupreme Court of Alabama · 1890
3Cited by10 opinions
- Warten v. BlackSupreme Court of Alabama · 1915
- Blount v. BlountSupreme Court of Alabama · 1909
- Homewood Dairy Products Co. v. RobinsonSupreme Court of Alabama · 1950
- Lowery v. StinsonSupreme Court of Alabama · 1973
- Livingston v. PowellSupreme Court of Alabama · 1952
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