Phillips v. Poindexter
Supreme Court of Alabama
Error to the Circuit Court of Tallapoosa. Tried before the Hon. John J. Woodward. 1. To charge an endorser on a foreign bill of exchange, a presentment to and demand of payment must be made of the acceptor personally, at his place of business, or his dwelling. There are sound reasons for this rule. — Mason v. Lake, 4 How.
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Error to the Circuit Court of Tallapoosa. Tried before the Hon. John J. Woodward. 1. To charge an endorser on a foreign bill of exchange, a presentment to and demand of payment must be made of the acceptor personally, at his place of business, or his dwelling. There are sound reasons for this rule. — Mason v. Lake, 4 How. (U. S.) Rep. 274. 2. A presentment for payment, to an agent or attorney, is not sufficient, where the acceptor resides in the same city, at the maturity of the bill, unless it be proved aliunde, that such agent or attorney has been used to pay money for him. — Chitty on…
1Opinion of the CourtParsons, J.
Thomas B. Poindexter, as endorsee of two foreign bills of exchange, brought his action against Z. A. Phillips, the plaintiff in error, as an endorser, and recovered. The counsel of Phillips now insists on various exceptions taken on the trial.
1 & 2. He insists .upon a supposed error in the protests. As they are similar, it is sufficient to notice one. The protest of the bill for five hundred dollars shows that the notary “presented said bill of exchange to Mr. T. J. Massie, the attorney in fact of Gooch & Hobson, the acceptors, at his counting room in this city,” (New Orleans,) “ an,d…
2Cases cited3 opinions
- Dugan v. United StatesSupreme Court of the United States · 1818
- Castles v. McMathSupreme Court of Alabama · 1840
- O'Connell v. WalkerSupreme Court of Alabama · 1834