Hart v. Freeman
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before Hon. T. M. Arrington. This action was/brought by the appellant against the appellee ; was commenced on 8th April, 1866, and was founded on a promissory note made by the appellee, dated February 5th, 1862, and payable by the first day of January next thereafter, for the sum of $1,000, with interest from date, to "Willis B. Calloway, or order, who endorsed said note before maturity to the appellant.
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Appeal from the City Court of Montgomery. Tried before Hon. T. M. Arrington. This action was/brought by the appellant against the appellee ; was commenced on 8th April, 1866, and was founded on a promissory note made by the appellee, dated February 5th, 1862, and payable by the first day of January next thereafter, for the sum of $1,000, with interest from date, to "Willis B. Calloway, or order, who endorsed said note before maturity to the appellant. At the fall term, 1867, there was a verdict and judgment for the defendant. The questions of law raised by the bill of exceptions, will be…
1Opinion of the CourtJudge, J.
The maker of a promissory note, not negotiable, may pay the same to ’ the payee after its maturity, even though the note be not procured and delivered up at the time of payment, provided the maker has had no notice of the indorsement or transfer of the note to a third person. And such payment would be a valid and competent defense against the note, should it afterwards appear and suit be brought thereon against the maker by another holder.
If payment is made by the maker to the payee, and the note be not delivered up at the time of payment, and suit is afterwards brought thereon against the…
2Cases cited2 opinions
- Sanford v. HowardSupreme Court of Alabama · 1857
- Cook v. ParhamSupreme Court of Alabama · 1853
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