Legal Opinion

Roberts v. State Bank

Supreme Court of Alabama

Decided June 15, 1839PublishedCited by 4 opinions

Error to the Circuit court of Tuscaloosa. Bank motion, tried by Chapman, J. This was a motion in the court below, by the Bank, against Roberts, as the drawer, and the other defendants, as first and second endorsers of a bill of exchange, for two thousand dollars, drawn by Roberts on • Turner & Lewis, and by them accepted.

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Error to the Circuit court of Tuscaloosa. Bank motion, tried by Chapman, J. This was a motion in the court below, by the Bank, against Roberts, as the drawer, and the other defendants, as first and second endorsers of a bill of exchange, for two thousand dollars, drawn by Roberts on • Turner & Lewis, and by them accepted. The bill was endorsed by the defendants, John F. Everett and Joseph Bates, jr. The defendants appeared, and pleaded the general issue, and a jury being empanneled, rendered a verdict in favor of the Bank for two thousand three hundred and twenty dollars — upon which judgment…

1Opinion of the CourtOrmond, J.

The charter of the Bank of the State of Alabama, authorises proof to be made of notice of the dishonor of a bill of exchange or promissory note, by the certificate of the notary.

*315The provision is in these words: “The protest of a notary public, of an inland bill of exchange, — or other protestable security, the property of said Bank, — setting forth a demand, refusal, non-acceptance or non-payment, and that notice thereof was given either personally or otherwise, to the parties entitled thereto, shall be evidence of such facts: Provided, that nothing herein contained, shall be construed to…

2Cited by4 opinions

  1. Dunn v. Adams, Parmeter & Co.Supreme Court of Alabama · 1840
  2. Crawford v. Planters' & Merchants' Bank of MobileSupreme Court of Alabama · 1844
  3. Lester v. Bank of MobileSupreme Court of Alabama · 1845
  4. Crownholm v. MooreDistrict Court, E.D. California · 2022

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