Palmer v. Severance
Supreme Court of Alabama
Writ of Error to the Circuit Court of Russell. Assumpsit, by Ann Palmer, for the use of Jesse A. Palmer, against Severance & Stewart, as the joint makers of a promissory note. At the trial, it was proved the note was given for the loan of money at usurious interest, and that the principal 'sum had been paid previous to the commencement of the suit.
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Writ of Error to the Circuit Court of Russell. Assumpsit, by Ann Palmer, for the use of Jesse A. Palmer, against Severance & Stewart, as the joint makers of a promissory note. At the trial, it was proved the note was given for the loan of money at usurious interest, and that the principal 'sum had been paid previous to the commencement of the suit. The plaintiff then put in evidence, tending to shew that the usee was induced by Severance to trade for the note, by his assurance that the note was good, and he would pay it if the usee would wait with him until Christmas; but there was no…
1Opinion of the CourtGoldthwaite, J.
The construction hitherto given to the statute, which makes joint obligations, &c., joint and several, [Digest, 323, § 61,] has been, that it does not warrant the discontinuance of the suit, when commenced against several, except as to those who are not served with process; [Keebles v. Ford, 5 Ala. Rep. 183; Saddler v. Houston, 5 S. & P. 20§; Adkins v. Allen, 1 Stewart, 130,] and that if one is discharged by verdict, T5n a defence which does not arise subsequent to the contract, or is persenal to the defendant insisting upon it, it will prevent, or be sufficient cause to arrest the judgment…
2Cases cited4 opinions
- Adkins v. AllenSupreme Court of Alabama · 1827
- Ivey v. GambleSupreme Court of Alabama · 1838
- Keebles v. FordSupreme Court of Alabama · 1843
- Turner v. LazarusSupreme Court of Alabama · 1844
3Cited by2 opinions
- Hall v. CannteSupreme Court of Alabama · 1853
- Bussey v. Br. BankSupreme Court of Alabama · 1849