Philipe v. Harberlee
Supreme Court of Alabama
Appeal from Oity Court of Mobile. Tried before Hon. C. F. Moulton. Tire facts appear in the opinion of the court. The court ruled that notice of protest of the note given by mail, though not received in time, was sufficient to hold the indorser, because the holder resided abroad. We admit the rule, but deny its application.
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Appeal from Oity Court of Mobile. Tried before Hon. C. F. Moulton. Tire facts appear in the opinion of the court. The court ruled that notice of protest of the note given by mail, though not received in time, was sufficient to hold the indorser, because the holder resided abroad. We admit the rule, but deny its application. We contend that the party who held the note, whose duty it was-to have it protested and to give notice, was the bank, and therefore a resident of the same place as the indorser, and that, therefore, personal notice or notice received in time was necessary, That the bank is…
1Opinion of the CourtB. F. Saeeold, J.
The appellant was the payee and endorser of a negotiable note drawn by Wolffe, Price & Go., due sixty days after date, and payable at the Mobile Savings Bank. The note was the property of the appellee, who lived in New Orleans, and was sent by him, through Mr. Granger, to Mobile for sale or collection. Granger placed it in the hands of Petty & Sawyers for that purpose. They, not selling it, left it at the bank for collection, where it was delivered to a notary, who, at the request of the cashier of the bank, presented it to the paying teller of the bank for payment, and on being answered “ no…
2Cases cited6 opinions
- Rutledge's Adm'r v. Townsend, Crane & Co.Supreme Court of Alabama · 1863
- Bowling v. HarrisonSupreme Court of the United States · 1848
- Gindrat v. Mechanics' Bank of AugustaSupreme Court of Alabama · 1845
- Smith v. WoodingSupreme Court of Alabama · 1852
- Tyson v. OliverSupreme Court of Alabama · 1869
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