Myatt v. Lockhart
Supreme Court of Alabama
Error to County Court of Perry. The defendants in error were garnisheed to answer what they were indebted to Johnson & Patton,, against whom, the plaintiff in error had sued out an attachment, returnable to the county court.
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Error to County Court of Perry. The defendants in error were garnisheed to answer what they were indebted to Johnson & Patton,, against whom, the plaintiff in error had sued out an attachment, returnable to the county court. They answered, denying indebtedness, but stated that two notes were placed in their hands, for small amounts, payable to Johnson & Patton, and which were handed them as attorneys at law to collect, by one Dearing, to whom they had executed the usual receipt. That said receipt had been assigned by said Dearing to George P. Massey. That suits were brought on the notes for…
1Opinion of the Court
CHILTON, J.'
The witness, Johnson, was clearly competent. If he had any interest, or rather, if his interest was not completely balanced, it preponderated in favor of the plaintiffs in error; for having sold and assigned the note to Dearing, as he states, for a horse which he obtained, he may be interested in making it pay a debt which he owes the plaintiffs, and thus avail himself of it twice. See Hallet and Walker v. O’Brien, 3 Ala. Rep. 455; Holman v. Arnet, 4 Por. Rep. 53. This view does not conflict with the principle settled in Scott, Slough & Co. v. Stallsworth, 12 Ala. 25, although the…
2Cases cited4 opinions
- Brown v. BrownSupreme Court of Alabama · 1843
- Frow & Ferguson v. DownmanSupreme Court of Alabama · 1847
- Scott, Slough & Co. v. StallsworthSupreme Court of Alabama · 1847
- Hallet v. O'BrienSupreme Court of Alabama · 1842
3Cited by2 opinions
- Price v. Mazange & Co.Supreme Court of Alabama · 1858
- Watkins Co. v. Bannon & FlynnPennsylvania Court of Common Pleas · 1927