Legal Opinion

Tarver v. Nance

Supreme Court of Alabama

Decided June 15, 1843PublishedCited by 7 opinions

Wkit of Error to the Circuit Court of Lowndes. The defendant in error declared against the plaintiff afe the drawer of a bill of exchange, dated September 12th, 1838, requesting Messrs. Robinson & Dejarnette, one hundred and twenty days after date, to pay to the order of Ben. F. Tarver, five thousand dollars, negotiable and payable at' the Bank of Mobile. The bill is indorsed by the payee, to John Tipton, and by the latter to the plaintiff- below.

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Wkit of Error to the Circuit Court of Lowndes. The defendant in error declared against the plaintiff afe the drawer of a bill of exchange, dated September 12th, 1838, requesting Messrs. Robinson & Dejarnette, one hundred and twenty days after date, to pay to the order of Ben. F. Tarver, five thousand dollars, negotiable and payable at' the Bank of Mobile. The bill is indorsed by the payee, to John Tipton, and by the latter to the plaintiff- below. In the first count it is alleged, that payment of the bill was -regularly demanded at the place designated therein, on thó 12th January, 1839; that…

1Opinion of the CourtCollier, C. J.

1. The second count is clearly good, even conceding that the want of funds in the hands of the drawee will not excuse the want of notice to the drawer, where the bill was drawn in good faith and upon a just expectation that it would be paid. Where such is the law, if the drawee have no funds of the drawer, it is only necessary to prove this fact, to entitle the holder to recover; and if the drawer would bring himself within some exception to the rule, it is incumbent on him to adduce the appropriate proof.. In the absence of evidence shewing that the want of effects in the drawee’s hands,…

2Cases cited1 opinion

  1. Curry v. BarclaySupreme Court of Alabama · 1842

3Cited by7 opinions

  1. New York & Alabama Contracting Co. v. Selma Savings BankSupreme Court of Alabama · 1874
  2. Price v. LavenderSupreme Court of Alabama · 1862
  3. State ex rel. Stow v. City Council of MontgomerySupreme Court of Alabama · 1883
  4. Williams v. StateSupreme Court of Florida · 1889
  5. Bancroft v. PaineSupreme Court of Alabama · 1849

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