Adams' Adm'r v. Torbert
Supreme Court of Alabama
Writ of error to the Circuit Court of Marengo. This was an action of assumpsit by the plaintiffin error, against the defendant. The declaration, so far as it is necessary to notice it, alleges that J. B. Wilkins, on the 31st of May, 1834, made his promissory note for the sum of seven hundred and ninety-one dollars and ninety cents, payable on the first day of January next thereafter, to James A. Torbert or order, at the Branch of the Bank of the State of Alabama at Mobile.
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Writ of error to the Circuit Court of Marengo. This was an action of assumpsit by the plaintiffin error, against the defendant. The declaration, so far as it is necessary to notice it, alleges that J. B. Wilkins, on the 31st of May, 1834, made his promissory note for the sum of seven hundred and ninety-one dollars and ninety cents, payable on the first day of January next thereafter, to James A. Torbert or order, at the Branch of the Bank of the State of Alabama at Mobile. On the 9th of February 1836, the payee died intestate, and administration of ali his estate was granted to the defendant,…
1Opinion of the CourtCollier, C. J.
U pon the death of the payee and the grant of administration to the defendant, the legal interest in the note in question vested in her, and it was competent for her to transfer it by indorsement. The fact that it was past due, did not render the assignment irregular, or in any manner affect the right of the indorsee to demand its payment of the maker. [Cbitty on Bills, 9 Am. Ed. 242, etpost. “The fact, that the note wasiover-due when negotiated, did not dispense with a demand and notice. It is the duty of an indorsee to demand payment of the maker within a reasonable time after the transfer…
2Cited by4 opinions
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- McKewer v. KirtlandSupreme Court of Iowa · 1871
- Montgomery & Eufaula R. R. v. TreblesSupreme Court of Alabama · 1870