Mitchell v. Burt
Supreme Court of Alabama
Error to the Circuit Court of Autauga. Action of assumpsit, by Burt, suing for the use of Raymond Robinson, against Mitchell, as the co-maker of a note with one John E. Mitchell. At the trial, the plea of set off being pleaded, with other pleas, the defendant proved, that an attachment, at the suit of T. &• R. Morton, was issued against the estate of Burt, and John E. Mitchell, the co-maker of the note summoned as a garnishee.
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Error to the Circuit Court of Autauga. Action of assumpsit, by Burt, suing for the use of Raymond Robinson, against Mitchell, as the co-maker of a note with one John E. Mitchell. At the trial, the plea of set off being pleaded, with other pleas, the defendant proved, that an attachment, at the suit of T. &• R. Morton, was issued against the estate of Burt, and John E. Mitchell, the co-maker of the note summoned as a garnishee. At the October term, 1842, the garnishee answered that he was indebted to Burt by two promissory notes, each for $2,000, one due 1st January, 1843, and the other due…
1Opinion of the CourtGoldthwaite, J.
We do not perceive how the order made, upon the answer of the garnishee, for him to retain the sum garnisheed, out of the first note, instead of the other, can affect this suit, as there is no question with us, that when the deceased, Mitchell, paid the note first falling due, and his administrator paid the judgment recovered upon the garnishment, Burt at once became a debtor to the estate, for so much money paid to his use. This being the legal effect of the payment, it is only necessary to inquire, whether the other maker, when afterwards sued on the other joint note, may insist upon the…
2Cited by3 opinions
- Huddleston v. AskeySupreme Court of Alabama · 1876
- Jones & Co. v. JonesSupreme Court of Alabama · 1847
- Locke v. LockeSupreme Court of Alabama · 1876