Howze v. Perkins
Supreme Court of Alabama
Error to the Circuit Court of Perry. ' This was an action of assumpsit, by the defendants in error as endorsees against the plaintiffs in error, as endorsers of a promi s-sory note made by King, Upson & Co. for $2,442 44. The declaration charges the malting of the note “in the State of New York, at to .wit, in the county aforesaid,” and that the makers “thereby and then and there promised to pay to the order of the said defendants, six months after the date of said note, at…
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Error to the Circuit Court of Perry. ' This was an action of assumpsit, by the defendants in error as endorsees against the plaintiffs in error, as endorsers of a promi s-sory note made by King, Upson & Co. for $2,442 44. The declaration charges the malting of the note “in the State of New York, at to .wit, in the county aforesaid,” and that the makers “thereby and then and there promised to pay to the order of the said defendants, six months after the date of said note, at the office of Perkins, Hopkins & White, 126, Pearl street, New York, (meaning the city of New York in the State of New…
1Opinion of the CourtOrmond, J.
It is well settled, that every endorsement is a new and substantive contract, governed by the law of the place where it is made. [Hanrick v. Andrews, 9 Porter, first case; Givens & Herndon v. The Western Bank of Georgia, 2 Ala. Rep. 397.]
To charge an endorser of an instrument, like the one described in the declaration, the statute of this State requires that the maker should be sued to the first court to which suit can be brought. *289[Aik. Dig. 829.] In the exposition of this statute, it was held in Woodcock v. Campbell, 2 Porter, 456, that where the maker removed beyond the limits of this…
2Cases cited4 opinions
- Woodcock v. CampbellSupreme Court of Alabama · 1835
- Bristow v. JonesSupreme Court of Alabama · 1840
- Ivey v. SandersonSupreme Court of Alabama · 1838
- Givens v. Western Bank of GeorgiaSupreme Court of Alabama · 1841
3Cited by1 opinion
- James Trabue & Co. v. R. H. Short & Co.Supreme Court of Louisiana · 1866