Foster v. McDonald
Supreme Court of Alabama
ERROR to the County Court of Tuskaloosa. Assumpsit in the court below by the defendant in error, as holder, against the plaintiff in error as endorser of a bill of exchange. On the trial, the plaintiff read in evidence the bill sued on, which was drawn by one Moses P. Walker, in favor of the defendant, for twelve hundred and fifty dollars, negotiable and payable at the Bank of the State of Alabama.
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ERROR to the County Court of Tuskaloosa. Assumpsit in the court below by the defendant in error, as holder, against the plaintiff in error as endorser of a bill of exchange. On the trial, the plaintiff read in evidence the bill sued on, which was drawn by one Moses P. Walker, in favor of the defendant, for twelve hundred and fifty dollars, negotiable and payable at the Bank of the State of Alabama. The bill was endorsed by the defendant, also Robert B. Walker, Dubose & Roff, and by Andrew Armstrong, cashier, the last endorsement being filled up to E. F. Comegys, cashier. The plaintiff also…
1Opinion of the CourtOrmond, J.
This case was before this court.at a previous term. [3 Ala. Rep. 34.] It then appeared from the record that the holder of the bill, and the person sought to be charged as endorser, both resided in this place, and we then held that a notice of the dishonor of the bill directed to the endorser, and placed in the post office in this town, was not evidence of the fact of notice. That the agent might have given notice to the endorser, and it would have been sufficient to charge him, but as the holder resided in a different place, it would have been sufficient if the agent had notified him of the…
2Cases cited3 opinions
- Carson v. Bank of AlabamaSupreme Court of Alabama · 1842
- M'Gehee v. GreerSupreme Court of Alabama · 1838
- Foster v. McDonaldSupreme Court of Alabama · 1841
3Cited by7 opinions
- Gibson v. LandSupreme Court of Alabama · 1855
- Mobile Light & Railroad Co. v. PortissSupreme Court of Alabama · 1915
- Gindrat v. Mechanics' Bank of AugustaSupreme Court of Alabama · 1845
- Carter v. OdomSupreme Court of Alabama · 1898
- Crawford v. Branch of the Bank of Alabama at MobileSupreme Court of Alabama · 1844
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