Hemphill v. Bank of Alabama
Mississippi Supreme Court
In error from the circuit court of Lowndes county, Hon. Hendley S. Bennett, judge. The President, Directors and Company of the Bank of Alabama sued William Hemphill on the following note, namely: September 30, 1837, Marengo county, Ala. Twenty-four months after date, we John M. C. Walker as principal, Wm. Hemphill, and Ivey Smith as securities jointly and severally promise to pay Andrew Armstrong, Esq.
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In error from the circuit court of Lowndes county, Hon. Hendley S. Bennett, judge. The President, Directors and Company of the Bank of Alabama sued William Hemphill on the following note, namely: September 30, 1837, Marengo county, Ala. Twenty-four months after date, we John M. C. Walker as principal, Wm. Hemphill, and Ivey Smith as securities jointly and severally promise to pay Andrew Armstrong, Esq. Cashier or bearer, four hundred and forty if0 dollars, for value received, negotiable and payable at the Branch Bank of the State of Alabama at Mobile. John M. C. Walker, Wm. Hemphill, Ivey…
1Opinion of the Court
■ Mr. Justice Clayton
delivered the opinion of the court.
This was an action of assumpsit brought by the bank, as bearer of a promissory note against Hemphill, as indorser. There were not regular indorsements from the payee to the holder. The plea was non assumpsit, not supported by affidavit. There was a verdict and judgment for the plaintiff below. A new trial was asked for and refused, to which a bill of *49exceptions was'filed, embodying the testimony, and the cause brought by rvrit of error to this court.
The defence attempted to be set up on this part of the case, is, that the note was…
2Cases cited2 opinions
- Bank of the United States v. DonnallySupreme Court of the United States · 1834
- Martin Pleasants & Co. v. GlasscockMississippi Chancery Courts · 1843