Foster v. McDonald
Supreme Court of Alabama
Error to Tuskaloosa County Court. THIS was an action of assumpsit, by the defendant in error against the plantiff in error, as'indorséüftf a bill of exchange. The bill was dated, Tuskaloosa, 26th December, 1836, and drawn by Moses P. Walker, in favor of J. J. Foster, for twelve hundred and fifty dollars, on the 1st January, 1839, negotiable and payable at the Bank of the State of Alabama.
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Error to Tuskaloosa County Court. THIS was an action of assumpsit, by the defendant in error against the plantiff in error, as'indorséüftf a bill of exchange. The bill was dated, Tuskaloosa, 26th December, 1836, and drawn by Moses P. Walker, in favor of J. J. Foster, for twelve hundred and fifty dollars, on the 1st January, 1839, negotiable and payable at the Bank of the State of Alabama. The bill though not drawn on, was accepted by G. Long-mire, and endorsed by the defendant ^Robert J. Walker, and Dubose At the maturity of the bill, it was presented by a notary public at the bank for…
1Opinion of the CourtOrmond, J.
It is the settled law, that when the holder of a bill and the party sought to be charged on it as drawer or endorse!’, reside in the same place, notice must be given personally, of the dishonor of the bill. Stephenson v. Primrose, 8th Porter 155, and cases there cited. . In this case, personal notice was not given to the indorser, of the dishonor of the bill, but he is sought to be charged on a notice, placed in the post-office at Tuskaloosa, in which place he resided.
To ascertain then whether this notice was sufficient, we must inquire whether the holder resided in the same place; if he did,…
2Cases cited1 opinion
- Colt v. NobleMassachusetts Supreme Judicial Court · 1809
3Cited by5 opinions
- Gindrat v. Mechanics' Bank of AugustaSupreme Court of Alabama · 1845
- Foster v. McDonaldSupreme Court of Alabama · 1843
- John v. City National BankSupreme Court of Alabama · 1876
- Greene v. FarleySupreme Court of Alabama · 1852
- Tyson v. OliverSupreme Court of Alabama · 1869