N. & H. Weed & Co. v. Brown
Supreme Court of Alabama
Writ of Error to the Circuit Court of Talladega. Before the Hon. S. Chapman. This was an action of assumpsit at the suit of the plaintiffs in error, as the indorsees of a promissory note made by John Long, James Long and Wm.
Read the full summary
Writ of Error to the Circuit Court of Talladega. Before the Hon. S. Chapman. This was an action of assumpsit at the suit of the plaintiffs in error, as the indorsees of a promissory note made by John Long, James Long and Wm. P. Long, by which, on the 14th February, 1840, they promised to pay to the defendant, by the 25th December, 1841, the sum of $2,000. The indorsement by the defendant is alledged to have been made on the third day of November next after the date of the note. The cause was tried upon the general issue, with leave to give any matter in evidence that could be pleaded in bar…
1Opinion of the CourtCollier, C. J.
The act of 1828, defining the liability of indorsers, and the act amendatory thereof, enacts, that all contracts in writing, for the payment of money, or property, &c., shall be assignable, as previously they were: Further, that on all securities not subject to the rules of the law merchant, the assignee shall cause suit to be brought to the first court of the county where the maker resides, to which the writ can properly be made returnable ; “ and if he shall fail to sue the maker to the first court as herein provided for, the indorser shall be discharged from liability, unless suit shall be…
2Cases cited1 opinion
- Pearson v. MitchellSupreme Court of Alabama · 1841