Wallace v. Branch Bank
Supreme Court of Alabama
THIS was a procedingby notice under the statute, commenced by the defendant against the plaintiff in error, in the county court of Mobile.
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THIS was a procedingby notice under the statute, commenced by the defendant against the plaintiff in error, in the county court of Mobile. An issue being made up and submitted to the jury, the plaintiff below to maintain the same, offered in evidence a promissory note of the following tenor: “$5,000. Mobile, February 24th, 1837. Sixty days after-date, I promise'to pay to the order of James B. Wallace, five thousand dollars, for value received, negotiable and payable at the Branch of the Bank of the State of Alabama at Mobile. (Signed.) W. WALLACE. Indorsed: — James B. Wallace, Per John…
1Opinion of the CourtCollier, C. J.
— It has been held that the payment of a promissory note or bill, even by the payee who had indorsed it, destroyed its negotiable quality. Blake v. Sewell, 3 Mass. Rep. 556. But this decision has been overruled by the court that pronounced it, which after examining its own adjudications, and the leading English cases, say, the doctrine that a “ negotiable note once paid, cannot afterwards be transferred, is restrained to cases where by such transfer, some party to the bill or note might be prejudiced or troubled with a suit, who ought to be discharged. As for instance, if there be several…
2Cases cited6 opinions
- Vallett v. ParkerNew York Supreme Court · 1831
- Wardell v. HowellNew York Supreme Court · 1832
- Woodhull v. HolmesNew York Supreme Court · 1813
- Brown v. TaberNew York Supreme Court · 1830
- Blake v. SewellMassachusetts Supreme Judicial Court · 1799
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Wood v. McCainSupreme Court of Alabama · 1845
- Gilman, Sons & Co. v. New Orleans & Selma RailroadSupreme Court of Alabama · 1882
- Dillard v. GillSupreme Court of Alabama · 1936
- Saltmarsh v. P. & M. BankSupreme Court of Alabama · 1848
22 more not listed; retrieve them via the Exa API.