Kimmey v. Campbell

Supreme Court of Alabama

Kimmey v. Campbell

1 Ala. 92

DecidedJanuary 15, 1840

StatusPublished

This text of 1 Ala. 92 (Kimmey v. Campbell) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kimmey v. Campbell, 1 Ala. 92 (Ala. 1840).

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Opinion

COLLIER, C. J.

— It is assigned for error that the Circuit Court erred in over-ruling the demurrer to the declaration.

The defendant in error declared on a promissory note payable to Wm. Huchinson or bearer, and deduced his title in the declaration as an indorsee. We think it clear that under the first section of the act of June 1837 : “ to prevent the institution of illegal and oppressive suits in the United States’ Court in this State,” the action is well brought. This statute expressly authorizes the payee, his indorsee or personal representative to sue on such a note.

The judgment is consequently affirmed.

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COLLIER, C. J.

— It is assigned for error that the Circuit Court erred in over-ruling the demurrer to the declaration.

The defendant in error declared on a promissory note payable to Wm. Huchinson or bearer, and deduced his title in the declaration as an indorsee. We think it clear that under the first section of the act of June 1837 : “ to prevent the institution of illegal and oppressive suits in the United States’ Court in this State,” the action is well brought. This statute expressly authorizes the payee, his indorsee or personal representative to sue on such a note.

The judgment is consequently affirmed.

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Bluebook (online)

1 Ala. 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kimmey-v-campbell-ala-1840.