Price v. Lavender
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. Tins action was brought by Robert S. Lavender, against Caleb Price, jr. The complaint contained the common counts for money loaned, money paid, and on an account stated, and a special count,in the following words : “The plaintiff claims of the defendant the sum of §>110, on a promissory note made by one W. H. Dupree on the 13th day of August, 1857, and payable three months after the date thereof, to…
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Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. Tins action was brought by Robert S. Lavender, against Caleb Price, jr. The complaint contained the common counts for money loaned, money paid, and on an account stated, and a special count,in the following words : “The plaintiff claims of the defendant the sum of §>110, on a promissory note made by one W. H. Dupree on the 13th day of August, 1857, and payable three months after the date thereof, to the order of the said plaintiff, negotiable and payable at the Bank of Mobile; which said note, on the 19th day of…
1Opinion of the CourtA. J. Walker, C. J.
The -special .count of the complaint alleges, that the defendant endorsed and delivered to tbe plaintiff a note made by a third person, payable fin bank to the plaintiff; that it was protested for non-payment, and that notice thereof was given to the defendant. From the facts thus alleged a right of action in favor of the plaintiff-results. The'endorsement is an irregular one, made by a person not a party to the instrument. Whatever may be the decisions in other countries, the law is settled in this State with respect to such endorsements, that, unexplained, they impose a liability in favor…
2Cases cited16 opinions
- Dean v. HallNew York Supreme Court · 1837
- Ala. Coal Mining Co. v. BrainardSupreme Court of Alabama · 1860
- Jordan v. GarnettSupreme Court of Alabama · 1842
- Milton v. DeYampertSupreme Court of Alabama · 1842
- Agee v. MedlockSupreme Court of Alabama · 1854
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Marks v. First National BankSupreme Court of Alabama · 1885
- Hamill v. McCallaSupreme Court of Alabama · 1934
- Alabama National Bank v. RiversSupreme Court of Alabama · 1896
- Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1887
- Hooks v. AndersonSupreme Court of Alabama · 1877
3 more not listed; retrieve them via the Exa API.