Donegan & Tabor v. Wood
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale. Tried before the Hon. James S. Clark. Tbe material facts of this case are thus stated in the opinion of the court, by Peters, J. : “ This is an action in our statutory form, founded on a bill of exchange, brought by the holders and owners, against the indorser.
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Appeal from the Circuit Court of Lauderdale. Tried before the Hon. James S. Clark. Tbe material facts of this case are thus stated in the opinion of the court, by Peters, J. : “ This is an action in our statutory form, founded on a bill of exchange, brought by the holders and owners, against the indorser. The action was brought by Donegan & Tabor, as the surviving partners of the late firm of Patton, Donegan & Co. The bill of exchange, on which it was founded, was drawn by one J. N. Bean, on Scruggs, Donegan & Co., New Orleans, La., dated at Florence, Ala., January 30, 1861, and payable…
1Opinion of the CourtPeters, J.
— [After stating the facts as above.] The most important question in this cause is that which arises on the rejection of the certificate of protest by the court below. This will be first considered. If there was no evidence of protest and notice to the defendant on the trial in the Circuit Court, there will be no necessity of going beyond this; because, whatever errors may have been committed, the verdict of the jury was correct, and the judgment of the court must follow it.
This bill of exchange, having been drawn in this State, on parties in the State of Louisiana, to be paid there, is a…
2Cases cited18 opinions
- Texas v. WhiteSupreme Court of the United States · 1869
- Townsley v. SumrallSupreme Court of the United States · 1829
- PRESIDENT AND DIRECTORS OF THE BANK OF WASHINGTON v. Triplett & NealeSupreme Court of the United States · 1828
- Hickman v. JonesSupreme Court of the United States · 1870
- Drake v. GloverSupreme Court of Alabama · 1857
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3Cited by14 opinions
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- Milligan v. PollardSupreme Court of Alabama · 1895
- Alabama Midland Railway Co. v. Martin & Bro.Supreme Court of Alabama · 1893
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- Williams v. BowdinSupreme Court of Alabama · 1880
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