Legal Opinion

Inge v. Branch Bank of Mobile

Supreme Court of Alabama

Decided June 15, 1838PublishedCited by 2 opinions

Error to the Circuit court of Mobile. Bank notice, against the endorser of a bill of exchange, tried before Pickens, X Plea, noiv-assumpsil. Verdict and judgment for plaintiffs. On the trial of the case, the plaintiffs read in evidence a bill of exchange, of which the following is a copy: “Exch: for $10,000. . • - “ 1 August, 1836. “ Five months after date of this first of exchange, (second of the same tenor and date unpaid,) pay to Wm.

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Error to the Circuit court of Mobile. Bank notice, against the endorser of a bill of exchange, tried before Pickens, X Plea, noiv-assumpsil. Verdict and judgment for plaintiffs. On the trial of the case, the plaintiffs read in evidence a bill of exchange, of which the following is a copy: “Exch: for $10,000. . • - “ 1 August, 1836. “ Five months after date of this first of exchange, (second of the same tenor and date unpaid,) pay to Wm. R. Hinton, or order, ten thousand dollars, for value received, negotiable and payable at the Branch of the Bank of the State of Alabama at Mobile, and place…

1Opinion of the CourtCollier, C. J.

— The view we take of this case makes it unnecessary to consider whether the record discloses the facts essential to the regular exercise of jurisdiction upon notice and motion; besides, the law on this subject may be understood as settled by the decisions of this court—(Duncan vs. Tombeckbee Bank, 4 Porter's R. 181; Bates vs. Planters' and Merchants' Bank, and Lea & Langdon vs. the Branch Bank at Mobile, decided at this term.)

The questions arising upon the bill of exceptions, are:

1. If the plaintiff endorsed the bill in question, with an understanding that it should he accepted by Horner, *113Blo…

2Cases cited2 opinions

  1. Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
  2. Humphries v. Blight's AssigneesSupreme Court of the United States · 1803

3Cited by2 opinions

  1. Caller v. VivianSupreme Court of Alabama · 1846
  2. Prout v. Branch Bank at DecaturSupreme Court of Alabama · 1844

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