Young v. Fuller
Supreme Court of Alabama
Appeal from the Circuit Court of Benton. Tried before the Hon. EdmüND W. Pettus. This action was brought by Isaac W. Fuller against Fleming Young and William Young, and was founded on the defendants’ promissory note for $100, dated March 6, 1845, and payable twelve months after date to said Isaac W. Fuller. The defendants pleaded the general issue, with leave to give any special matter in evidence.
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Appeal from the Circuit Court of Benton. Tried before the Hon. EdmüND W. Pettus. This action was brought by Isaac W. Fuller against Fleming Young and William Young, and was founded on the defendants’ promissory note for $100, dated March 6, 1845, and payable twelve months after date to said Isaac W. Fuller. The defendants pleaded the general issue, with leave to give any special matter in evidence. On the trial, as appears from the bill of exceptions, after the plaintiff had offered in evidence the note declared on, the defendants read in evidence to the jury, after proving its execution, a…
1Opinion of the Court
RICE, 0. J.
After the note on Benjamin Fuller had been endorsed by the plaintiff to Fleming Young, the endorser and endorsee had the right to rescind or modify the contract evidenced by the endorsement, and to put their contract in any shape they pleased. In the exercise of that right, they made the agreement which was read in evidence. That agreement violates no rule of law. It was subsequent to the endorsement, and in relation to the same subject-matter ; and it must, therefore, control the endorsement; so far as it may conflict with it. — Lightfoot v. Strahan, 7 Ala. R. 444. It provides…
2Cases cited2 opinions
- Rake's Adm'r v. PopeSupreme Court of Alabama · 1844
- Murphy v. GeeSupreme Court of Alabama · 1846
3Cited by8 opinions
- Shriner v. CraftSupreme Court of Alabama · 1910
- Moore v. WilliamsonSupreme Court of Alabama · 1925
- Thomason v. DillSupreme Court of Alabama · 1857
- Acker v. BenderSupreme Court of Alabama · 1858
- Cornish v. SuydamSupreme Court of Alabama · 1892
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