Lacy v. Holbrook, Bowman & Co.
Supreme Court of Alabama
EekoR to the Circuit Court of Tuscaloosa. This was an action of assumpsit by the defendants in error as payees, against the plaintiff in error as drawer of a bill of exchange of the following tenor, for non acceptance: “Tuscaloosa, February \Zlh, 1840. $1,176. Eight months after date, please pay to the order of Holbrook, Bowman & Co. at the Bank of Mobile, one thousand one hundred and seventy-six dollars, in funds current in the city of New York, for value received, and…
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EekoR to the Circuit Court of Tuscaloosa. This was an action of assumpsit by the defendants in error as payees, against the plaintiff in error as drawer of a bill of exchange of the following tenor, for non acceptance: “Tuscaloosa, February \Zlh, 1840. $1,176. Eight months after date, please pay to the order of Holbrook, Bowman & Co. at the Bank of Mobile, one thousand one hundred and seventy-six dollars, in funds current in the city of New York, for value received, and charge the same to Your ob’t servant, WM. M. LACY. To Messrs. Lact, Terrell & Co. MobileF The declaration is in the usual…
1Opinion of the CourtOrmond, J.
The demurrer was properly sustained to the second plea. The interpretation put on it by the counsel for the plaintiff in error, that if the bill had been presented to any one of the partners, as they all knew the state of accounts between the parties, it would have been accepted, may have been the view of the pleader, but at least the plea admits of the construction that the bill would have been accepted if presented to one of the partners, who knew the state of the accounts. The established rule is to construe the plea most strongly against the pleader, and under the influence of this…
2Cases cited3 opinions
- Jones v. FalesMassachusetts Supreme Judicial Court · 1808
- Branch of the Bank of the State at Decatur v. PeirceSupreme Court of Alabama · 1842
- Foard v. JohnsonSupreme Court of Alabama · 1841
3Cited by11 opinions
- Black v. WardMichigan Supreme Court · 1873
- Baker v. Atlanta B. & A. Ry. Co.Supreme Court of Alabama · 1909
- Pilmer v. Branch of State BankSupreme Court of Iowa · 1864
- Butler v. PaineSupreme Court of Minnesota · 1863
- Hogan v. CarrSupreme Court of Alabama · 1844
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