Garrett's Adm'rs v. Garrett
Supreme Court of Alabama
ERROR from the Circuit Court of Chambers. Tried before the Hon. Ezekiel Pickens. This action was brought by Jesse H. Garrett and Blount S. Garrett, in February, 1849, to recover a certain sum of money (say $850) had and received by the defendant, John Garrett, for their use and benefit, under the following circumstances : In August, 1832, one Anthony Dyer recovered a judgment for about $2,000, in the Superior Court of Upson county, Georgia, against Bacon & Peavy, and also…
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ERROR from the Circuit Court of Chambers. Tried before the Hon. Ezekiel Pickens. This action was brought by Jesse H. Garrett and Blount S. Garrett, in February, 1849, to recover a certain sum of money (say $850) had and received by the defendant, John Garrett, for their use and benefit, under the following circumstances : In August, 1832, one Anthony Dyer recovered a judgment for about $2,000, in the Superior Court of Upson county, Georgia, against Bacon & Peavy, and also against the plaintiffs in this suit, as their accommodation endorsers. John Garrett and one Martin W. Stamper, at the…
1Opinion of the CourtGoldthwaxte, J.
On the trial below, the evidence tended to establish the following facts: The plaintiffs, J. H. & B. S. Garrett, were indebted to one Dyer, by judgment, for upwards of two thousand dollars ; and at their request, the defendant, John Garrett, and one Stamper, gave their notes to Dyer, endorsed by the plaintiffs, for the amount, and, to secure themselves, took control of the judgment, and received from the plaintiffs some sixteen hundred dollars in notes on other persons. It was agreed, by parol, between the parties, that Stamper and the defendant were to control the judgment and the notes, so…
2Cases cited1 opinion
- Creagh v. SavageSupreme Court of Alabama · 1846
3Cited by9 opinions
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- O'Neill v. BlaseMissouri Court of Appeals · 1902
- Sims v. BoyntonSupreme Court of Alabama · 1858
- Moehlenpah v. MayhewWisconsin Supreme Court · 1909
- Harris v. MillerSupreme Court of Alabama · 1857
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