Cook v. Mutual Insurance
Supreme Court of Alabama
Appeal from Pickens Circuit Court. Tried before Hon. Luther E. Smith. • This was an action brought by the Citizens Mutual Insurance Company as endorsee against M. F. Cook as endorser of a promissory note for $733,34 to the Spring term 1872 of the circuit court. The complaint was as follows : The plaintiff claims of the defendant seven hundred and thirty-three dollars and thirty-four cents, due by promissory note made by O. Gr.
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Appeal from Pickens Circuit Court. Tried before Hon. Luther E. Smith. • This was an action brought by the Citizens Mutual Insurance Company as endorsee against M. F. Cook as endorser of a promissory note for $733,34 to the Spring term 1872 of the circuit court. The complaint was as follows : The plaintiff claims of the defendant seven hundred and thirty-three dollars and thirty-four cents, due by promissory note made by O. Gr. Jones, on the first day of March, 1871, and payable himself [to the order of?] M. F. Cook at the office of W. H. Eoberts, Mobile, Ala., on the first day of December,…
1Opinion of the CourtBrickell, C. J.
The promissory note, indorsed by the appellant, is not on its face payable at a bank, or private banking house, nor is it averred in the complaint that the *39vplace at which it is payable is the one or the other. The ■only contracts made and payable in this State, which when the note was made were subject to the commercial law, were bills of exchange, and promissory notes payable in money at :a bank or private banking house. R. C. §§ 1833, 1851. All contracts in writing for the payment of money, or other things, or the performance of any act or duty, are assignable by indorsement, so as to…
2Cited by7 opinions
- Oates v. National BankSupreme Court of the United States · 1879
- Popp v. Exchange BankCalifornia Supreme Court · 1922
- Caulfield v. FinneganSupreme Court of Alabama · 1896
- Falkner v. Protective Life Ins. Co.Supreme Court of Alabama · 1934
- Broadwell v. ImmsAlabama Court of Appeals · 1915
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