Winston v. Westfeldt
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. LymaN Gibbous. . Assumpsit by George Westfeldt against Augustus A. Winston, on a promissory note for $2156xyv executed by said Winston and others, dated June 13,1848, payable three years after date to the order of Jonathan Bliss, negotiable and pay-v. able at the Bank of Mobile. The plaintiff declared as endor-see of said Bliss.
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Error to the Circuit Court of Mobile. Tried before the Hon. LymaN Gibbous. . Assumpsit by George Westfeldt against Augustus A. Winston, on a promissory note for $2156xyv executed by said Winston and others, dated June 13,1848, payable three years after date to the order of Jonathan Bliss, negotiable and pay-v. able at the Bank of Mobile. The plaintiff declared as endor-see of said Bliss. The facts proved on the trial, were substantially as follows: The Tombigbee Bank of Mississippi held a claim against one Lacy, which was in the hands of Jonathan Bliss for collection. This claim was…
1Opinion of the CourtGrOLDTEC Waite, J.
The note sued on, at the time of the purchase by Westfeldt, was the subject of controversy in the Chancery Court; and the first question is, whether these proceedings operated as notice to him; or, in other words, does the doctrine of lis pendens apply to negotiable paper ? This is entirely a new question with us; and, so far as we can learn, has never been directly decided by any court. The doctrine, as it prevails at this time, seems to have had its origin in the common law rule which obtained in real actions, where, if the defendant aliened during the pendency of the suit, the judgment in…
2Cases cited1 opinion
- Bolling v. CarterSupreme Court of Alabama · 1846
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