Sherrod v. Rhodes
Supreme Court of Alabama
Writ of Error to the Circuit Court of Tuscaloosa county. Assumpsit by Sherrod against Rhodes, to recover the amount of three bills of exchange, each for f6,034. The declaration contains counts on each bill, and also the common counts. The cause was tried at the Fall term, 1842, upon the issues of non as-sumpsit, payment and set-off, when a verdict was found for the defendant; and on this he had judgment.
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Writ of Error to the Circuit Court of Tuscaloosa county. Assumpsit by Sherrod against Rhodes, to recover the amount of three bills of exchange, each for f6,034. The declaration contains counts on each bill, and also the common counts. The cause was tried at the Fall term, 1842, upon the issues of non as-sumpsit, payment and set-off, when a verdict was found for the defendant; and on this he had judgment. The case made by the plaintiff at the trial is as follows : All the bills are dated at Decatui’, on the 1st October, 1837, drawn on and accepted by David Deshler, with the addition to his…
1Opinion of the CourtOrmond, J.
Tf¡e questions of law presented on the record are, 1. Was the defendant entitled to notice of the dishonor of the bill drawn by him. It is argued that he was not entitled to notice, because he had no funds in the hands of the drawee, and therefore could not be prejudiced by the omission to give him notice that the bill was not paid. The rule here relied on, applies only where the consideration for which the bill is drawn passes to the drawer; in such a case, he is the real debtor, and cannot allege the want of notice; but in this case, the bill was drawn by the defendant for the accommodation…
2Cases cited4 opinions
- Brahan & Atwood v. RaglandSupreme Court of Alabama · 1830
- Cothran v. MooreSupreme Court of Alabama · 1840
- Shirley v. FellowsSupreme Court of Alabama · 1839
- Foard v. WomackSupreme Court of Alabama · 1841
3Cited by11 opinions
- Calkins v. VaughanSupreme Court of Alabama · 1927
- Jones & Cullom v. KnoxSupreme Court of Alabama · 1871
- Couch v. Terry's Adm'rsSupreme Court of Alabama · 1847
- Tompkins v. StateSupreme Court of Alabama · 1858
- Broughton v. WimberlySupreme Court of Alabama · 1880
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