Chandler v. Lyon
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the fourth district of the Northern Division. The case made by the bill, after divesting it of extraneous matter, -is this: 'Chandler, in November, 1838, was desirous to borrow some money, and was ignorant that unchartered associations were ■prohibited from issuing notes, to circulate as money.
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Writ of Error to the Court of Chancery for the fourth district of the Northern Division. The case made by the bill, after divesting it of extraneous matter, -is this: 'Chandler, in November, 1838, was desirous to borrow some money, and was ignorant that unchartered associations were ■prohibited from issuing notes, to circulate as money. He, in that month, applied to the Wetumpka Trading Company, an unincorporated association, transacting business at Wetumpka, through one Isaac Lyon, as their President and agent, and received from him six hundred dollars in post notes of the said company,…
1Opinion of the Court
GOLDTHWAITE, J.-
1. The matters of fraud with respect to the transactions of the Wetumpka Trading Company, and the simulated death of Lyon, ai-e so prominently set forth in the bill, that our first impression was, that these were the sole grounds on which relief was sought; but a more caerful examination has satisfied us, as it did the Chancellor, that the complainants are entitled to relief on the ground of set off. It sufficiently appears, from the bill and exhibits, that at the time Campbell, as the administrator of Lyon, commenced his suit against Moore and Chandler, the latter was the…
2Cases cited3 opinions
- French v. GarnerSupreme Court of Alabama · 1838
- Winston v. MetcalfSupreme Court of Alabama · 1844
- Gray's adm'rs v. WhiteSupreme Court of Alabama · 1843