Bradley, Wilson & Co. v. Patton, Donegan & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. W. J. Haralson. This action was brought by James I. Donegan and W. B. Tabor, as surviving partners of the late firm of Patton, Donegan & Co., against Bradley, Wilson & Co.; and was founded on the defendants’ indorsement in blank of a promissory note, of which the following is a copy: — “ 16,575.60. Sunflower, Miss., 10 Feb. 1862. “ On or before the 1st day of January, 1863,1 promise to pay Bradley, Wilson & Co.,…
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Appeal from the Circuit Court of Madison. Tried before the Hon. W. J. Haralson. This action was brought by James I. Donegan and W. B. Tabor, as surviving partners of the late firm of Patton, Donegan & Co., against Bradley, Wilson & Co.; and was founded on the defendants’ indorsement in blank of a promissory note, of which the following is a copy: — “ 16,575.60. Sunflower, Miss., 10 Feb. 1862. “ On or before the 1st day of January, 1863,1 promise to pay Bradley, Wilson & Co., or order, at their office in New Orleans, La., sixty-five hundred and seventy-five dollars, for value received, with…
1Opinion of the CourtB. F. Saffold, J.
Section 1833 of the Revised Code expressly subjects bills of exchange, and promissory notes payable in money at a bank or private banking-house, to the government of the commercial law, except so far as the same is changed by the said Code. On all contracts assigned by writing, except such commercial paper, when the amount due is over fifty dollars, to charge the indorser or assignor, suit must be brought against the maker in the county of his residence, to the first court to which suit can properly be brought after making the indorsement or assignment. R. C. § 1851. The holder of such…
2Cases cited4 opinions
- Woodcock v. CampbellSupreme Court of Alabama · 1835
- Goggins v. Smith's Adm'rSupreme Court of Alabama · 1860
- Bristow v. JonesSupreme Court of Alabama · 1840
- Ivey v. SandersonSupreme Court of Alabama · 1838