Moore v. Coolidge
Supreme Court of Alabama
Error from Monroe Circuit Court — Before the Hon. SioN L. Perry. This was an action of assumpsit, brought by Coolidge, as assignee of ail accepted bill of exchange, against Moore, the acceptor. There was but one count in the declaration, which was upon the bill of exchange; the amount of which was charged to be $672. There was an averment of non-payment, but no averment of protest. No plea appears upon the record ; yet there was a jury and verdict.
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Error from Monroe Circuit Court — Before the Hon. SioN L. Perry. This was an action of assumpsit, brought by Coolidge, as assignee of ail accepted bill of exchange, against Moore, the acceptor. There was but one count in the declaration, which was upon the bill of exchange; the amount of which was charged to be $672. There was an averment of non-payment, but no averment of protest. No plea appears upon the record ; yet there was a jury and verdict. The verdict was for $793 45; being more than the amount of the bill, with interest. There was no bill of exceptions ; and the error relied upon…
1Opinion of the Court
By Mr. Chief Justice Saffold :
Coolidge brought assumpsit in the Circuit Court against the plaintiff in error, as acceptor of a bill of exchange for $672; the same having been indorsed to the former.
The record shows a verdict and judgment for $793 45, which is more than the amount of interest which could have accrued upon the bill. The .counsel for the plaintiff in error, insists that the excess must have been allowed as ten per cent, damages, for the non-payment or protest of the bill, and which he insists was unauthorised by law. This is the only assignment of error riow relied upon-r-that…
2Cited by5 opinions
- Drake v. Johnston & SeatsSupreme Court of Alabama · 1873
- Spence v. ThompsonSupreme Court of Alabama · 1847
- Moore v. BradfordSupreme Court of Alabama · 1842
- Hays v. MyrickSupreme Court of Alabama · 1872
- Crump v. BattlesSupreme Court of Alabama · 1873