Bates v. Branch Bank at Mobile
Supreme Court of Alabama
Error to the Circuit Court of Mobile county. . This action was commenced at the Fall term, 1838, of the Circuit Court for Mobile county, by the Bank, by a notice which issued the 20th of August preceding, against the plaintiff in ér-ror, as endorser of a promissory note. The bank obtained judgment.
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Error to the Circuit Court of Mobile county. . This action was commenced at the Fall term, 1838, of the Circuit Court for Mobile county, by the Bank, by a notice which issued the 20th of August preceding, against the plaintiff in ér-ror, as endorser of a promissory note. The bank obtained judgment. From a bill of exceptions taken by the defendant during the trial of the cause, it appears that the defendant, on the 17lh April, 1837, gave the Bank notice in writing, that he was an accommodation endorser merely, on the note which was due and under protest, and requiring suit to be commenced. It…
1Opinion of the CourtOrmond, J.
— The question presented on this record, depends on the proper construction of a statute for the benefit of sureties, Aik. Dig. 385. “ When any person or persons shall become bound as security by bond, bill, or note for the payment of money or any other article, and shall apprehend that his or their principal or principals is, or are likely to become insolvent, or to migrate from this State, without first discharging any such bond, bill, or note, it shall be lawful for such security or securities in every such ease, provided an action shall have accrued on such bond, bill, or note, to require…
2Cases cited1 opinion
- Bates v. Planters' & Merchants' BankSupreme Court of Alabama · 1838
3Cited by5 opinions
- Denson v. GraySupreme Court of Alabama · 1896
- Dibrell v. DandridgeMississippi Supreme Court · 1875
- Stodder v. CardwellSupreme Court of Alabama · 1852
- Branch Bank v. DouglassSupreme Court of Alabama · 1846
- Foster v. StaffordSupreme Court of Alabama · 1848