Bishop v. Bradford
Supreme Court of Alabama
Error to the Circuit Court of Coosa. Tried before the Hon. Geo. D. Shortridge. This was an action by the plaintiff against the defendant in error as the endorser of a promissory note made by one John W. Bishop. The plaintiff sued the maker to the first court after the note fell due, and recovered judgment against him.
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Error to the Circuit Court of Coosa. Tried before the Hon. Geo. D. Shortridge. This was an action by the plaintiff against the defendant in error as the endorser of a promissory note made by one John W. Bishop. The plaintiff sued the maker to the first court after the note fell due, and recovered judgment against him. Execution issued on this judgment, but was never returned by the sheriff, and the plaintiff neglected to sue out an alias until two years thereafter, when he did so, and procured a return of “ no property.” Upon this state of facts he obtained a judgment under the charge of the…
1Opinion of the Court
DARGAN, C.
— When this cause was here at a previous term, we held that the indorsee of a note was required to use due diligence in order to fix the liability of the endorser, not only in commencing his suit and obtaining judgment, but also in issuing his execution and procuring the proper return to be made thereon by the sheriff; and that unreasonable delay in obtaining judgment, or negligence in prosecuting the suit, and procuring the return of no property, would discharge the endorser. The facts as they were then presented to us were, that judgment had been obtained in due time and the…
2Cases cited3 opinions
- Sandford v. DillawayMassachusetts Supreme Judicial Court · 1813
- Hightower v. IvySupreme Court of Alabama · 1835
- Crossen v. HutchinsonMassachusetts Supreme Judicial Court · 1812
3Cited by1 opinion
- Boatwright v. StewartSupreme Court of Arkansas · 1881