Evans v. Gordon
Supreme Court of Alabama
Error to the County court of Wilcox county. Assumpsit on a promissory note, payable in Bank. To an action of assumpsit, brought by the defendant in error against the plaintiff in error, as the maker of a promissory note, payable and negotiable at the Branch Bank at Mobile, to the, order of Thomas'Evans, and endorsed to the defendant, the plaintiff in error pleaded the general issue, and also that the note was not the property of the defendant in error, in his individual…
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Error to the County court of Wilcox county. Assumpsit on a promissory note, payable in Bank. To an action of assumpsit, brought by the defendant in error against the plaintiff in error, as the maker of a promissory note, payable and negotiable at the Branch Bank at Mobile, to the, order of Thomas'Evans, and endorsed to the defendant, the plaintiff in error pleaded the general issue, and also that the note was not the property of the defendant in error, in his individual capacity. Issue was taken on the first plea — to the second, there was a demurrer. In the progress of the cause, a hill of…
1Opinion of the Court
ORMOND, I.
— As the declaration contained an averment, that the note was protested for non-payment, it is insisted that it was necessary to prove it. Protest not being necessary to maintain an action on a promissory note or inland bill of exchange, the averment of protest being of a fact entirely immaterial, it was not necessary to be proved. The case referred to in 1st Selwyn’s Nisi Prius, note 16, has no application here, as the decision turned on an act of parliament.
It is also insisted, that the court erred in rendering judgment, the issue in law being undisposed of. The matter pleaded in…
2Cases cited2 opinions
- Irvine v. WithersSupreme Court of Alabama · 1827
- Pitts v. KeyserSupreme Court of Alabama · 1827
3Cited by7 opinions
- Connerly & Co. v. Planter's & Merchants' InsuranceSupreme Court of Alabama · 1880
- Montgomery v. TuttCalifornia Supreme Court · 1858
- Middleton v. GriffithSupreme Court of New Jersey · 1894
- Eppes v. Mississippi, Gainesville, & Tuskaloosa RailroadSupreme Court of Alabama · 1859
- Beeson v. LippmanSupreme Court of Alabama · 1875
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