Battle v. Weems
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before Hon. J. McCaleb Wiley. The facts of the case are' sufficiently stated in the opinion.
1Opinion of the CourtPeck, C. J.
In an action by an indorsee against the drawer or indorser of a bill of exchange for non-payment, no recovery can be had without showing that the bill was presented for payment, at maturity, or due diligence used for that purpose, and timely notice of its dishonor given to them, or some legal excuse shown, why such notice was' not given. — Story on Bills, §§ 323, 326; Roberts v. Mason, 1. Ala. Rep. 373; Irvine, Adm’r, v. Withers, 1 Stewart, 234.
If the bill is payable at a particular place, presentment for payment must be at such place. — Story on Bills, § 355.
These general principles are not…
2Cases cited2 opinions
- Ross v. Drinkard's Adm'rSupreme Court of Alabama · 1860
- Irvine v. WithersSupreme Court of Alabama · 1827
3Cited by10 opinions
- Marling v. JonesWisconsin Supreme Court · 1909
- Cottrell v. WatkinsSupreme Court of Virginia · 1893
- Demelman v. BrazierMassachusetts Supreme Judicial Court · 1908
- Falkner v. Protective Life Ins. Co.Supreme Court of Alabama · 1934
- Wilhoit v. SeavallSupreme Court of Kansas · 1926
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