Manning v. Maroney
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. John B. Tally. This action was brought by Frank M. Maroney, against William Manning, and. was commenced on the 17th January, 1877. The action was founded on a bill of exchange for $90, drawn by the defendant on Hill, Fontaine & Co., Memphis, Tennessee, dated October 28d, 1886, and payable to the order of LaFayette Maroney, by whom it was indorsed to plaintiff.
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Appeal from the Circuit Court of Jackson. Tried before the Hon. John B. Tally. This action was brought by Frank M. Maroney, against William Manning, and. was commenced on the 17th January, 1877. The action was founded on a bill of exchange for $90, drawn by the defendant on Hill, Fontaine & Co., Memphis, Tennessee, dated October 28d, 1886, and payable to the order of LaFayette Maroney, by whom it was indorsed to plaintiff. The complaint contained a special count on the bill, alleging that it was not paid or accepted on presentation and demand, the defendant having notified the drawees not to…
1Opinion of the CourtSomerville, J.
1. Tbe defense set up in tbe second plea — viz., a failure to present tbe bill sued on, and to give due notice of dishonor — was equally available under tbe plea of tbe general issue, and tbe record shows that tbe defendant bad tbe full benefit of it on tbe trial of tbe cause. Sustaining tbe plaintiff’s demurrer to tbis plea is, for tbis reason, error without injury, if error at all. — Phoenix Ins. Co. v. Moog, 78 Ala. 284
2. Tbe objection interposed to tbe admission in evidence of tbe bill of exchange described in tbe complaint, was not well taken. Tbe instrument was averred to be tbe…
2Cases cited10 opinions
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1883
- Cannon v. LindseySupreme Court of Alabama · 1887
- Kennon v. M'ReaSupreme Court of Alabama · 1838
- Young v. East Ala. Railway Co.Supreme Court of Alabama · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
- Equitable Accident Insurance v. OsbornSupreme Court of Alabama · 1890
- Zellerbach v. AllenbergCalifornia Supreme Court · 1893
- Louisville & Nashville Railroad v. DavisSupreme Court of Alabama · 1890
- Alabama City, G. & A. Ry. Co. v. KyleSupreme Court of Alabama · 1918
19 more not listed; retrieve them via the Exa API.