Rives v. Parmley
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the . Hon. John Bragg. Assumpsit by the defendant against the plaintiff in error as the drawer of a bill of exchange. The only evidence of notice to the drawer was that contained in the protest, which is in the following words: “ notice of protest left at the boarding house of P. R. Rives, and at the office of L. Parmley — each this day.”
Read the full summary
Error to the Circuit Court of Mobile. Tried before the . Hon. John Bragg. Assumpsit by the defendant against the plaintiff in error as the drawer of a bill of exchange. The only evidence of notice to the drawer was that contained in the protest, which is in the following words: “ notice of protest left at the boarding house of P. R. Rives, and at the office of L. Parmley — each this day.” The court charged the jury that this evidence was sufficient to charge the drawer, which charge was excepted to and is the error now assigned. 1. It is insisted that the evidence of notice of non-payment is…
1Opinion of the CourtDargan, C. J.
This was an action by the defendant against the plaintiff in error, as drawer of a bill of exchange. The only evidence introduced to prove notice of the non-payment of the bill was the certificate of the notary, contained in his notarial protest, which is in the following language: “Notice of protest left at the boarding house of P. R. Rives, and at the office of .L. Parmley, each the same day.” It is contended: first, that this certificate is inadmissible as evidence; secondly, if it be admissible under our statute, it does not show such diligence as entitles the plaintiff to recover,
• At…
2Cases cited1 opinion
- Williams v. Bank of the United StatesSupreme Court of the United States · 1829
3Cited by9 opinions
- Peabody Ins. v. Wilson & BeasleyWest Virginia Supreme Court · 1887
- Martin, Dumee & Co. v. Brown, Shipley & Co.Supreme Court of Alabama · 1883
- Bolling & Son v. McKenzieSupreme Court of Alabama · 1889
- John v. City National BankSupreme Court of Alabama · 1876
- Flowers v. BittingSupreme Court of Alabama · 1871
4 more not listed; retrieve them via the Exa API.