McWhorter v. Standifer
Supreme Court of Alabama
Standifer declared in debt, as the assignee of two several promissory notes executed by the plaintiff in error, as the surety of another.
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Standifer declared in debt, as the assignee of two several promissory notes executed by the plaintiff in error, as the surety of another. On the trial, had in-the Circuit Court of Lawrence, the defendant plead, in defence of the action, matters, which appeared to have been the grounds of a decree in Chancery, rendered before the issuance of the writ, in this action ; and which involved the fact, of the notes sued on, having been executed as a compromise of a controversy, then existing between the principal in the notes, and the assignor of the plaintiff.a On demurrer, the Court below, held…
1Opinion of the Court
By Mr. Justice Tiiornton!
This was an action of debt, on two promissory notes for $1250 each, executed by the plaintiff in error, as security for Hance McWhorter, to Izrael Standifer, assignor of the defendant in error, bearing interest from their date, which was the 10th of November, 1821. The judgment in the Court below, was rendered on demurrer for the defendant in error, on the 3d Monday of September, 1833. The assignment of errors, are
1. The 'Court erred in sustaining the demurrer to the plea of the plaintiff in error, and,
2. That the judgment is for a larger amount of damages than is…
2Cited by5 opinions
- Pool v. DeversSupreme Court of Alabama · 1857
- Kennedy v. YoungSupreme Court of Alabama · 1854
- Vincent v. Gilmer'sSupreme Court of Alabama · 1874
- Clark v. WatsonSupreme Court of Alabama · 1916
- Montgomery v. Hanover National BankMississippi Supreme Court · 1901