Curry v. Bank of Mobile
Supreme Court of Alabama
Error to the Circuit court of Mobile. Bank notice, tried before Pickens, J. The following was the notice served on defendant: “The State of Alabama, Mobile county. uTo James Curry: “ Whereas you are indebted to the President, Directors & Company of the Bank of Mobile, by a promissory note, and as the endorser, by the name and description of James Curry & Co,, of the said note, a copy of which here follows, to wit: “‘|450. Mobile, 10 May, 1837. “ ‘Sixty days after date, I…
Read the full summary
Error to the Circuit court of Mobile. Bank notice, tried before Pickens, J. The following was the notice served on defendant: “The State of Alabama, Mobile county. uTo James Curry: “ Whereas you are indebted to the President, Directors & Company of the Bank of Mobile, by a promissory note, and as the endorser, by the name and description of James Curry & Co,, of the said note, a copy of which here follows, to wit: “‘|450. Mobile, 10 May, 1837. “ ‘Sixty days after date, I promise to pay Mr. A. H. Gazzam, or order, four hundred and fifty dollars, for value received, negotiable and payable at…
1Opinion of the CourtOrmond, J.
— The questions of law which are made in this case, arise on a judgment obtained by the the defendant in error, against the plaintiffs in error, on motion upon what is called in the record, a demurrer to the evidence.
*367The errors assigned are—
1. That the notice is not such as is required by law, being by the attorney at law of the bank, and not under the corporate seal.
2. The court erred in overruling the demurrer to the evidence.
The last assignment of error will be first considered^
It is impossible to consider the demurrer in this case, a demurrer to evidence. The office of a demurrer to…
2Cases cited3 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Lyon v. State BankSupreme Court of Alabama · 1828
- Branch of the Bank of the State at Montgomery v. HarrisonSupreme Court of Alabama · 1835
3Cited by21 opinions
- Brown v. WheelerSupreme Court of Alabama · 1842
- Dunn v. Adams, Parmeter & Co.Supreme Court of Alabama · 1840
- Woosley v. Memphis & Charleston RailroadSupreme Court of Alabama · 1856
- Milor v. FarrellySupreme Court of Arkansas · 1869
- Ratliff v. AllgoodSupreme Court of Alabama · 1882
16 more not listed; retrieve them via the Exa API.