Lake v. Gilchrist
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. AssuMpsit by the plaintiff in error, against the defendant in error, as surviving partner of Gilchrist and Bedford. The three first counts of the declaration are for the purchase money on the sale of land, by the plaintiff to the defendant.
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Error to the Circuit Court of Lowndes. AssuMpsit by the plaintiff in error, against the defendant in error, as surviving partner of Gilchrist and Bedford. The three first counts of the declaration are for the purchase money on the sale of land, by the plaintiff to the defendant. The substance of the fourth count is, that upon accounting with the plaintiff, the defendant and his former partner fell in debt to him $280, and to induce him to receive in payment therefor, a note for that amount, made by one Robert L. Campbell, to one B. F. Dozier, and by him indorsed to the defendant and Bedford,…
1Opinion of the CourtOrmond, J.
In Bates v. Ryland, 6 Ala. Rep. 668, we had occasion to consider the effect of a contract, by which a note is received in payment of a pre-existing debt. In that case, after an elaborate examination of the authorities, it was held, that the creditor might declare for the precedent debt, or consideration, but could not recover, without showing the same degree of diligence, as would be necessary to recover from the defendant, on his indorsement.
It was also held, that when the maker of the indorsed note was insolvent, and died before the creditor was by law required to sue him, the indo'rser was…
2Cases cited3 opinions
- Jordan v. GarnettSupreme Court of Alabama · 1842
- Milton v. DeYampertSupreme Court of Alabama · 1842
- Bates v. RylandSupreme Court of Alabama · 1844
3Cited by6 opinions
- Bank of St. Marys v. St. John, Powers & Co.Supreme Court of Alabama · 1854
- Southern Railway Co. v. HayesSupreme Court of Alabama · 1913
- Pritchett v. MunroeSupreme Court of Alabama · 1853
- Saltmarsh v. Bower & Co.Supreme Court of Alabama · 1853
- Branch of the Bank of the State v. GaffneySupreme Court of Alabama · 1846
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