Cloud v. Whiting
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before tbe Hon. S. D. Hale. This action was brought by John Whiting, against N. Cloud and A. Underwood; and was founded on tbe defendants’ promissory, note for $3,240,, dated tbe 1st June,, '1856, and payable twelve months after 'date, to the order t»f M. P. Blue, by whom it was ‘endorsed to the plaintiff.
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Appeal from the Circuit Court of Montgomery. Tried before tbe Hon. S. D. Hale. This action was brought by John Whiting, against N. Cloud and A. Underwood; and was founded on tbe defendants’ promissory, note for $3,240,, dated tbe 1st June,, '1856, and payable twelve months after 'date, to the order t»f M. P. Blue, by whom it was ‘endorsed to the plaintiff. On the trial, as the bill of exceptions states, “ the plaintiff read to the j ury the note süéd on, and then proved that, about the 6th June, 1856, the defendants came to him, "together with M. P. Blue, the • payee of the note, and…
1Opinion of the CourtR. W. Walker, J.
Where the maker of a note "is inquired of by one wishing to purchase it, -whether he "has any defense against it, and answers that he has none, this estops him from afterwards setting up any defense which existed at the time, within his knowledge, but he does not thereby preclude himself from making a defense subsequently arising out of the original contract; such, for example, as a total failure of the consideration. When, however, the note is purchased by a third person on the faith of a promise by the maker to pay it, the latter is thereby estopped from setting up the invalidity of the…
2Cases cited6 opinions
- Lanier v. HillSupreme Court of Alabama · 1854
- Clements v. LogginsSupreme Court of Alabama · 1841
- Powers v. TalbottIndiana Supreme Court · 1858
- Drake v. FosterSupreme Court of Alabama · 1856
- Plant & Co. v. VoegelinSupreme Court of Alabama · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Plummer v. Farmers BankIndiana Supreme Court · 1883
- Muse v. DantzlerSupreme Court of Alabama · 1888
- Koons v. DavisIndiana Supreme Court · 1880