Stocking v. Ex'ors of Conway
Supreme Court of Alabama
Error from Dallas Circuit Court — Before the Hon. Sion L. Perry. This action was assumpsit, to recover the amount of sundry accounts, subsisting in the hands of the plaintiff, against the. defendants’ testator. The defendants, to discharge this debt, had placed in the possession of the plaintiff, certain notes ont one Wiley Saunders, who, the plaintiff alleges, was insolvent.
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Error from Dallas Circuit Court — Before the Hon. Sion L. Perry. This action was assumpsit, to recover the amount of sundry accounts, subsisting in the hands of the plaintiff, against the. defendants’ testator. The defendants, to discharge this debt, had placed in the possession of the plaintiff, certain notes ont one Wiley Saunders, who, the plaintiff alleges, was insolvent. The transfer was made in 1825, and the plaintiff gave .notice of the insolvency of Saunders, to the defendants, in 1828. On these facts, the plaintiff asked the court to charge the jury, that if the insolvency of…
1Opinion of the Court
By Mr. Chief Justice Lipscomb :
This case has been again heard, on the petition of the plaintiff’s counsel for a rehearing, at the present term ; and the court Goncur in the opinion given by Mr. Justice Taylor, in its last decision.
The opinion rendered by Mr. Justice Taylor, is as follows :
The plaintiff assigns as error, the opinion of the Circuit Court, as expressed in the bill of exceptions. It appears, that after the evidence was closed, the plaintiff moved the court to instruct the jury, “ that where the insolvency of the person upon whom the notes were taken, was fully made out, the…
2Cited by2 opinions
- O'Neal v. ClarkSupreme Court of Alabama · 1934
- Cocke v. ChaneySupreme Court of Alabama · 1848