McDade v. Mead
Supreme Court of Alabama
Error to the Circuit Court of Montgomery. Tried before the Hon. Thos. A. Walker. This was an action of assumpsit, brought by the defendant in error, for the use of Jeremiah Walker, surviving partner of John Walker, deceased, against the plaintiffs in error as administrators of Isham Gwinn, deceased, to recover the amount of a note for $S0, made by said Gwinn in bis life-time in favor of the defendant in error.
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Error to the Circuit Court of Montgomery. Tried before the Hon. Thos. A. Walker. This was an action of assumpsit, brought by the defendant in error, for the use of Jeremiah Walker, surviving partner of John Walker, deceased, against the plaintiffs in error as administrators of Isham Gwinn, deceased, to recover the amount of a note for $S0, made by said Gwinn in bis life-time in favor of the defendant in error. The case was tried on the pleas of non-assumpsit, payment, and set-off. By the bill of exceptions it appears that there was evidence of a conversation had between the intestate and one…
1Opinion of the CourtChilton, J.
This was an action of assumpsit brought by Joseph H. Mead, who sued for the use of Jeremiah Walker, against the administrators of Is bain Gwinn, deceased, to recover upon a note made by said Gwinn for the sum of $80, dated 28th Nov. 1842, and due one day thereafter. The defendants plead non assmnpsit, payment, and set-off.
The main question presented for revision is, whether a note executed by said Mead to J. P. and A. J. Saffold, was, under the circumstances disclosed by the record, a valid set-off.
This action was commenced tile 5th day of June 1848. The note sought to be set-off was acquired…
2Cases cited4 opinions
- French v. GarnerSupreme Court of Alabama · 1838
- Crawford v. Executors of SimontonSupreme Court of Alabama · 1838
- Trustees of University of Alabama v. KellerSupreme Court of Alabama · 1840
- Adams v. McGrewSupreme Court of Alabama · 1841
3Cited by6 opinions
- Jones v. BlairSupreme Court of Alabama · 1876
- Ayers v. RoperSupreme Court of Alabama · 1895
- Ryder v. EllisMassachusetts Supreme Judicial Court · 1922
- Ingalls v. United StatesDistrict Court, N.D. Alabama · 1967
- Atkins v. KnightSupreme Court of Alabama · 1871
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