Alston v. Heartman
Supreme Court of Alabama
The defendant in -error brought an action' of assumpsit against the plaintiff in the Circuit Court of Clarke on a promissory note of the following tenor : “ Twelve months after date I promise to pay to the order of the Treasurer of the Manual Labor Institute of South Alabama, with interest, fifty dollars, payable and negotiable at the Branch Bank of the State át Mobile. February 26th, 1838. W. W. Alston.”
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The defendant in -error brought an action' of assumpsit against the plaintiff in the Circuit Court of Clarke on a promissory note of the following tenor : “ Twelve months after date I promise to pay to the order of the Treasurer of the Manual Labor Institute of South Alabama, with interest, fifty dollars, payable and negotiable at the Branch Bank of the State át Mobile. February 26th, 1838. W. W. Alston.” The declaration alledges the presentment of the note at'"the Bank at maturity, and its non-payment; and describes- the plaintiff as Treasurer of the Manual Labor Institute of South Alabama,…
1Opinion of the CourtCollier, C. J.
— Thp, points made by.the assignment of errors, are—
1. The suit should have been brought in the name of the corporation, and not its Treasurer.
2. If the suit was properly brought, it should have been dis* imctly averred in the declaration, that the plaintiff was the Treasurer .of the corporation.
1. It is an acknowledged principle of the common law, that Whsnever a legal right is created or liability imposed in favor of, or upon o.ue or more persons by means of a promissory note, that right naay be asserted, and that liability enforced by action, by and against all those persons. (Chitty on…
2Cases cited2 opinions
- Gilmore v. PopeMassachusetts Supreme Judicial Court · 1809
- Binney v. PlumleySupreme Court of Vermont · 1833
3Cited by3 opinions
- Goodman v. WalkerSupreme Court of Alabama · 1857
- Darby v. Berney National BankSupreme Court of Alabama · 1892
- Hazard v. Planters' & Merchants' BankSupreme Court of Alabama · 1842