Mobile Savings Bank v. McDonnell
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. This action was brought by the appellant, a domestic corporation, against James McDonnell, and was commenced on the 4th June, 1886. The cause-of action was the defendant’s indorsement of a note, or due-bill, which is copied in the opinion of the court.
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Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. This action was brought by the appellant, a domestic corporation, against James McDonnell, and was commenced on the 4th June, 1886. The cause-of action was the defendant’s indorsement of a note, or due-bill, which is copied in the opinion of the court. By its several rulings on the pleadings, the court below held that the defendant was discharged, because of the plaintiffs failure to sue the maker to the first court; and these rulings are now assigned as error. (1.) Under the averments of the complaint, which are…
1Opinion of the CourtClopton, J.
— This action was brought by appellant against James McDonnell in his life-time, the testator of appellee, as indorser of a note, of which the following is a copy.
“Mobile, May 19th, 1884.
“Due- the Mobile Savings Bank sixty-five hundred dollars, value received, payable on call.
86,500. “P. Burke.”
The complaint contains several special counts, to each of which a demurrer was interposed and sustained. While the special counts present the claim in different forms, a decision of the case does not require the consideration of many questions raised and argued. The liability of the indorser is…
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